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ZONING BY-LAW 2014-21
Consolidated June 2016
July 16, 2014
TABLE OF CONTENTS
SECTION 1 ADMINISTRATION ........................................................................................................... 1
1.1
TITLE ....................................................................................................................................... 1
1.2
AREA AFFECTED BY THIS BY-LAW ................................................................................ 1
1.3
BUILDING PERMITS ............................................................................................................ 1
1.4
ENFORCEMENT ..................................................................................................................... 1
1.5
SEVERABILITY PROVISION .............................................................................................. 2
1.6
REPEAL OF EXISTING BY-LAWS ...................................................................................... 2
1.7
EFFECTIVE DATE ................................................................................................................. 2
1.8
USE OF LAND ......................................................................................................................... 2
SECTION 2 ESTABLISHMENT OF ZONES ......................................................................................... 3
2.1
ZONES ...................................................................................................................................... 3
2.2
ZONE SCHEDULE .................................................................................................................. 3
2.3
SPECIAL ZONES ..................................................................................................................... 4
2.4
DETERMINING ZONE BOUNDARIES .............................................................................. 4
2.5
COMPLIANCE WITH ZONING BY-LAW .......................................................................... 4
SECTION 3 GENERAL PROVISIONS ................................................................................................... 6
3.1
APPLICATION ........................................................................................................................ 6
3.2
ACCESSORY BUILDINGS, STRUCTURES AND USES ................................................... 6
3.2.1
Permitted Uses ............................................................................................................................ 6
3.2.2
Setback Requirements ............................................................................................................. 6
3.2.3
Lot Coverage and Height ......................................................................................................... 7
3.2.4
Permitted Encroachments ..................................................................................................... 7
3.2.5
Boat Dock ................................................................................................................................... 10
3.2.6
Boathouse .................................................................................................................................. 10
3.2.7
Garages or Other Accessory Buildings or Structures ............................................... 11
3.2.8
Garden Suite .............................................................................................................................. 12
3.2.9
Gate House in Industrial Zone ........................................................................................... 12
3.2.10
Livestock .................................................................................................................................... 12
3.2.11
Sleeping Cabins/ Bunkie ...................................................................................................... 12
3.2.12
Saunas and Gazebos ............................................................................................................... 13
3.2.13
Shipping Containers .............................................................................................................. 13
3.2.14
Drive-Through Service Facilities ...................................................................................... 14
3.3
ACCESS TO LOTS ............................................................................................................... 14
3.3.1
Improved Public Road .......................................................................................................... 14
3.4
ESTABLISHED BUILDING LINE IN RESIDENTIAL ZONE ....................................... 15
3.5
GROUP HOMES AND CRISIS CENTRES ....................................................................... 15
3.6
HOME INDUSTRY .............................................................................................................. 16
3.7
HOME OCCUPATION ........................................................................................................ 16
3.8
HUNT CAMPS ...................................................................................................................... 17
3.9
LOADING SPACE REQUIREMENTS ............................................................................... 17
3.9.1
Loading Space........................................................................................................................... 17
3.9.2
Loading Space Requirement Table .................................................................................. 18
3.9.3
Access .......................................................................................................................................... 18
3.9.4
Loading Space Surface .......................................................................................................... 18
3.9.5
Location ...................................................................................................................................... 18
3.9.6
Additions to or Change in Use of Existing Buildings ................................................ 18
3.10
DWELLING UNITS ............................................................................................................. 19
3.11
MINIMUM OPENING ELEVATION ................................................................................. 19
3.12
MULTIPLE ZONES ON ONE LOT .................................................................................... 19
3.13
NON-CONFORMING USES ............................................................................................... 19
3.13.1
Continuation of Existing Uses ............................................................................................ 19
3.13.2
Permitted Exterior Extension, Alteration and Reconstruction ............................ 20
3.13.3
Permitted Interior Alteration ............................................................................................ 20
3.13.4
Restoration To A Safe Condition ...................................................................................... 20
3.13.5
Building Permit Issued ......................................................................................................... 20
3.14
NON-COMPLYING BUILDINGS AND STRUCTURES ................................................. 20
3.14.1
Permitted Buildings or Structures ................................................................................... 20
3.14.2
Reconstruction Of Existing Building ............................................................................... 21
3.15
NON-COMPLYING LOTS .................................................................................................. 21
3.16
NOXIOUS TRADE ............................................................................................................... 22
3.17
PARKING AREA REGULATIONS .................................................................................... 22
3.17.1
Parking Space Requirements ............................................................................................. 22
3.17.2
Parking Area Surface ............................................................................................................. 22
3.17.3
Ingress and Egress Provisions ........................................................................................... 22
3.17.4
More Than One Use on a Lot .............................................................................................. 23
3.17.5
Parking Area Location on Lot ............................................................................................ 23
3.17.6
Additions To, or Changes In, The Use of Existing Buildings and Structures .. 24
3.17.7
Use of Parking Spaces and Areas ...................................................................................... 24
3.17.8
Queuing Lanes .......................................................................................................................... 25
3.18
PEAT EXTRACTION, PITS AND QUARRIES ............................................................... 26
3.18.2
Recycling of Aggregate Resources ................................................................................... 26
3.19
PLANTING STRIPS ............................................................................................................ 26
3.19.1
Location ...................................................................................................................................... 26
3.19.2
Contents ...................................................................................................................................... 26
3.19.3
Driveways and Walkways ................................................................................................... 27
3.19.4
Landscaped Open Space ....................................................................................................... 27
3.20
PUBLIC USES ....................................................................................................................... 27
3.20.1
Public Services ......................................................................................................................... 27
3.20.2
Location Restrictions ............................................................................................................ 27
3.20.3
Provisions .................................................................................................................................. 28
3.20.4
Streets and Service Installations ...................................................................................... 28
3.21
REDUCTION OF REQUIREMENTS ................................................................................ 28
3.22
RESTRICTIONS ON DWELLING UNITS IN NON-RESIDENTIAL BUILDINGS .... 28
3.23
SIGHT TRIANGLES ............................................................................................................ 29
3.24
SIGNS ..................................................................................................................................... 29
3.25
SPECIAL SETBACKS .......................................................................................................... 29
3.25.1
Highways .................................................................................................................................... 29
3.25.2
Livestock Facilities ................................................................................................................. 29
3.25.3
Railways...................................................................................................................................... 30
3.25.4
Street Centre Lines ................................................................................................................. 30
3.25.5
Trans Canada Pipelines ........................................................................................................ 30
3.25.6
Watercourses and Cold Water Streams ......................................................................... 30
3.26
TEMPORARY USES PERMITTED .................................................................................. 30
3.27
THROUGH LOTS ................................................................................................................ 31
3.28
TRAVEL TRAILERS, MOTOR HOMES AND CAMPERS ............................................ 31
3.29
VEGETATIVE BUFFERS ................................................................................................... 31
SECTION 4 RESIDENTIAL ZONE PROVISIONS ............................................................................ 33
4.1
RESIDENTIAL (R) ZONES ................................................................................................ 33
4.1.1
General Prohibition................................................................................................................ 33
4.2
PERMITTED USES ............................................................................................................. 33
4.3
ZONE STANDARDS ............................................................................................................ 34
4.4
EXCEPTIONS ....................................................................................................................... 35
SECTION 5 COMMERCIAL ZONE PROVISIONS ........................................................................... 45
5.1
GENERAL PROHIBITION ................................................................................................. 45
5.2
PERMITTED USES ............................................................................................................. 45
5.3
ZONE STANDARDS ............................................................................................................ 47
5.4
EXCEPTIONS ....................................................................................................................... 48
SECTION 6 INDUSTRIAL ZONE PROVISIONS .............................................................................. 51
6.1
GENERAL PROHIBITION ................................................................................................. 51
6.2
PERMITTED USES ............................................................................................................. 51
6.3
ZONE STANDARDS ............................................................................................................ 53
6.4
EXCEPTIONS ....................................................................................................................... 53
SECTION 7 INSTITUTIONAL ZONE PROVISIONS....................................................................... 55
7.1
GENERAL PROHIBITION ................................................................................................. 55
7.2
PERMITTED USES ............................................................................................................. 55
7.3
ZONE STANDARDS ............................................................................................................ 56
7.4
EXCEPTIONS ....................................................................................................................... 56
SECTION 8 RURAL, ENVIRONMENTAL PROTECTION AND OPEN SPACE ZONE
PROVISIONS .......................................................................................................................................... 58
8.1
GENERAL PROHIBITION ................................................................................................. 58
8.2
PERMITTED USES ............................................................................................................. 58
8.3
ZONE STANDARDS ............................................................................................................ 59
8.4
EXCEPTIONS ....................................................................................................................... 60
SECTION 9 OVERLAY ZONES ........................................................................................................... 63
9.1
WASTE DISPOSAL ASSESSMENT AREAS ................................................................... 63
9.2
WETLAND ASSESSMENT AREAS .................................................................................. 63
SECTION 10 HOLDING PROVISIONS AND TEMPORARY USES .............................................. 65
10.1 HOLDING PROVISIONS .................................................................................................... 65
10.2
TEMPORARY USES ............................................................................................................ 66
SECTION 11 DEFINITIONS ................................................................................................................ 67
SECTION 12 ENACTMENT................................................................................................................. 94
12.1
FORCE AND EFFECT ......................................................................................................... 94
12.2
READINGS BY COUNCIL .................................................................................................. 94
12.3
CERTIFICATION ................................................................................................................. 94
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SECTION 1
ADMINISTRATION
1.1
TITLE
This By-law may be referred to as "The Zoning By-law of the Township of Perry."
1.2
AREA AFFECTED BY THIS BY-LAW
This By-law applies to all lands, islands and lands under water within the Township
of Perry.
1.3
BUILDING PERMITS
The requirements of this By-law must be met before a Building Permit is issued for
the erection, additions to or alteration of any building or structure.
1.4
ENFORCEMENT
Any person convicted of a violation of this By-law is liable on first conviction to a
fine of not more than $25,000 and on a subsequent conviction to a fine of not
more than $10,000 for each day or part thereof upon which the contravention has
continued after the day on which the person was first convicted in accordance with
The Planning Act.
Any Corporation convicted of violation of this By-law is liable on first conviction to
a fine of not more than $50,000 and on a subsequent conviction to a fine of not
more than $25,000 for each day or part thereof upon which the contravention has
continued after the day on which the person was first convicted in accordance with
The Planning Act.
In case any buildings or structures or any part thereof is to be erected, altered,
reconstructed or extended, or any lot is being used or is to be used, in
contravention of any requirement of this By-law, such contravention may be
restrained by action at the instance of any rate-payer or of the Municipality
pursuant to the provisions of The Planning Act, 1993 and/or the Municipal Act 1993
and/or any other legislation applicable.
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1.5
SEVERABILITY PROVISION
A decision of a Court that one or more of the provisions of this By-law are invalid
in whole or in part does not affect the validity, effectiveness, or enforceability of
the other provisions or parts of the provisions of this By-law.
1.6
REPEAL OF EXISTING BY-LAWS
Upon this By-law coming into force and effect, By-law No. 2002-10 of the Township
of Perry and all amendments thereto are hereby repealed.
1.7
EFFECTIVE DATE
This By-law shall come into force the day that it was passed where there are no
appeals filed or where appeals are filed, where all of the appeals are finally disposed
of by the Ontario Municipal Board.
1.8
USE OF LAND
No lands within the area covered by this By-law shall be used for any purpose
unless as otherwise permitted by this By-law.
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SECTION 2 ESTABLISHMENT OF ZONES
2.1
ZONES
For the purposes of this By-law, the following Zones are established and they may
be referred to by the name or by the symbol set opposite the name of the zone
below:
R1
-
Residential Type One
R2
-
Residential Type Two
R3
-
Multiple Residential
SR
-
Shoreline Residential
SBR
-
Shoreline Backlot Residential
LSR
-
Limited Service Residential
RU
-
Rural
RR
-
Rural Residential
CG
-
General Commercial
RC
-
Rural Commercial
CA
-
Airport Commercial
CT
-
Commercial Tourist
CTP
-
Commercial Tourist Park
M1
-
Light Industrial
M2
-
General Industrial
M3P
-
Extractive Industrial Pit
M3Q
-
Extractive Industrial Quarry
M4
-
Rural Industrial
M5
-
Waste Disposal
I
-
Institutional
EP
-
Environmental Protection
OS
-
Open Space
2.2
ZONE SCHEDULE
The Zones and zone boundaries are shown on the attached Schedule 'A', which
forms part of this By-law. Schedule 'A' is comprised of a series of Maps.
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2.3
SPECIAL ZONES
Where a Zone Symbol is followed by a dash and a number, (for example RM-1)
there are special provisions that apply to the Zone. These special provisions are
contained in the section of the by-law that applies to the primary zone.
2.4
DETERMINING ZONE BOUNDARIES
i)
A zone boundary shown approximately at a lot line, street or lane is
considered to be at the boundary of the lot line, street or lane.
ii)
A zone boundary shown approximately in the centre line of a street or lane
is considered to be the centre line of the street or lane.
iii)
Unless the location of a zone boundary is specified by dimensions on the
zoning map, a zone boundary which lies within a lot shall be fixed by the
scale of the Schedule upon which it is shown.
iv)
A zone boundary shown following approximately a shoreline or the centre
line of a creek, stream or channel is considered to be the shoreline or centre
line and moves with any natural change in the shoreline.
v)
Where lands have not been identified as being in a zone on the Schedules,
they shall be deemed to be in the Open Space (OS) Zone.
vi)
All lands below the surface of a waterbody or watercourse as of the date
this By-law came into effect shall be deemed to be in the Open Space (OS)
Zone.
2.5
COMPLIANCE WITH ZONING BY-LAW
No person shall change the use of any building, structure or land or erect or use
any building or structure or occupy any land or building except in accordance with
the provisions of this By-law.
Any use not specifically permitted by this By-law shall not be permitted in the
Township of Perry.
In addition no person shall use any land or locate any building or structure such
that the uses, buildings or structures on other lands would no longer comply with
the provisions of this By-law.
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2.6
REGISTERED AGREEMENTS TAKE PRECEDENCE
Where the Township of Perry has completed an Agreement under the provisions
of the Planning Act with a property owner and that agreement has been registered
on the title of the property, to the extent that any conflict between the documents
exist, the provisions of that agreement shall take precedence over the provisions
and regulations of this By-law.
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SECTION 3
GENERAL PROVISIONS
3.1
APPLICATION
The provisions of this section of the By-law shall apply to all lands within the
Township of Perry unless otherwise specified.
3.2
ACCESSORY BUILDINGS, STRUCTURES AND USES
3.2.1
Permitted Uses
Where this By-law provides that a lot may be used or a building or structure may
be erected or used for a purpose, that purpose shall include any accessory building
or structure or accessory use, provided the principle building, structure or use is
already in existence on the lot or a valid building permit for the principle building
or structure has been issued, but shall not include the following:
i)
any occupation for gain or profit conducted within or accessory to a
dwelling unit or on such lot associated therewith, except as is specifically
permitted in accordance with this By-law; or
ii)
any building used for human habitation except in accordance with this By-
law, as is specifically permitted.
Legal non-conforming uses shall be permitted to have accessory uses, buildings
and structures in accordance with the provisions in this Section of the By-law and
the Provisions of the applicable zone.
Where an agricultural use is permitted by this By-law, a barn shall be considered
as a principal building.
3.2.2
Setback Requirements
Except as otherwise provided herein, in all Zones any accessory building or
structure, which is detached from the principle building, shall be erected in
compliance with the yard and setback requirements of the Zone in which such
building is located, but shall not be closer to the front lot line or exterior side lot
line than the principle building on the lot except where the lot abuts a waterway.
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3.2.3
Lot Coverage and Height
Accessory buildings, structures and uses are permitted in all zones subject to the
following provisions:
1.
No detached accessory building or accessory structure may be used for
human habitation or an occupation for gain, unless specifically permitted
by this By-law.
2.
The total lot coverage of all accessory buildings and structures on an
individual lot may not exceed 5 percent of the lot area unless specifically
permitted by this By-law.
3.
Within a Commercial or Industrial Zone, the total lot coverage of all
accessory buildings or structures shall not exceed 15 percent of the lot area.
4.
The maximum height of an accessory building in a Residential Zone shall
not exceed 6.5 metres. In Commercial or Industrial Zones accessory
buildings shall not exceed 10.0 metres in height.
5.
No object such as a trailer, storage container or ship container shall be used
as an accessory building or structure unless otherwise permitted by this By-
law.
3.2.4
Permitted Encroachments
Accessory buildings and structures and ornamental features for main buildings and
structures may only encroach into the required yard in a zone as outlined in Table
3.1. Where a required yard, structure or feature is not referred to on Table 3.1, the
minimum required yard in the applicable zone shall be provided.
For the purposes of this section, where the exterior side lot line of a lot abuts a
public lane, the side yard abutting that lot line shall be deemed an interior side
yard for the purposes of determining compliance with this Section.
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Table 3.1
Permitted Structure or
Feature
Applicable Required
Yard(s)
Required Setback or
Permitted
Encroachment
STRUCTURAL AND ORNAMENTAL FEATURES:
Bay windows
Front, Rear and Corner Side
Yards
May encroach 0.6 m into the
required yard or required
for a maximum width of 3.0
m.
Canopies/Porticos
All yards
May encroach 1.2 m into the
required front, rear and
exterior side yards.
May encroach 0.6 m into the
required interior side yard or
required.
Balconies/Fire Escapes
Front, Rear and Corner Side
Yards only in Residential Zones
All yards in all other zones
May encroach 1.5 m into the
required yard
Balconies may encroach 2.5
m into the required front
and rear yards
May encroach 0.6 m into the
lesser side yard
Steps in Residential (R) Zones
providing access to either a
basement or the ground floor
of a dwelling
All yards
No closer than 0.6 m to the
applicable
lot
line
or
building wall
Uncovered Decks
(0.3 to 1.2 m in height above
finished grade)
Interior, Front and Exterior Side
Yards
May encroach 1.2 m into the
required yard but no closer
than 1.2 m to the interior
side lot line. The setback
shall not apply where a side
lot line extends from a
common
wall
dividing
attached dwelling units.
Rear Yard
No closer than 1.2 m to the
rear lot line.
Uncovered Decks
(greater than 1.2 m in height
above finished grade)
Interior Side Yard
May encroach 1.2 m into the
required yard but no closer
than 1.2 m to the interior
side lot line. The setback
shall not apply where a side
lot line extends from a
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Permitted Structure or
Feature
Applicable Required
Yard(s)
Required Setback or
Permitted
Encroachment
common
wall
dividing
attached dwelling units.
Front and Exterior Side Yard
May encroach 2.4 m into the
required yard.
Rear Yard
May encroach 3.6 m into the
required rear yard but not
closer than 3.0 m to the rear
lot line.
Open roofed porches
Front, Rear and Exterior Side
Yards
May encroach 2.4 m into the
required yard.
Sills,
cornices,
parapets,
pilasters,
or
other
similar
ornamental structures
Any yard
May encroach 0.6 m into the
required.
Eaves
Front, Rear and Exterior Side
Yards
May encroach 1.2 m into the
required yard but not closer
than 0.6 m to the lot line.
Interior Side Yard
May encroach 0.6 m into the
required yard but not closer
than 0.6 m to the lot line.
Chimneys
Any yard
May encroach 0.6 m into the
required yard.
Functional
and
ornamental
roofless structures including
but
not
limited
to
drop
awnings, clothes poles, flag
poles, lighting fixtures, mail
boxes,
fountains,
statues,
monuments,
benches,
cenotaphs, memorials, planters,
garden
trellises,
patios,
walkways, retaining walls less
than 1.0 m in height, fences or
other
similar
accessory
structures
Any required yard.
Permitted
Fences
As
permitted
in
the
Municipal Fence By-law
Ramps and Accessible Accesses
Any required yard
Permitted
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3.2.5
Boat Dock
Notwithstanding the yard provisions of this By-law to the contrary, dock may be
erected and used in any yard, or appertaining to a lot abutting or adjacent to a
navigable waterway, except where specifically prohibited in the abutting Zone
subject to the following regulations:
i. The dock shall be located no closer than 3 metres to the side lot line or a
straight line projection of the side lot line where it meets the front lot line
at the water.
ii. Unless specifically identified as a principle use, docks are only permitted as
an accessory structure.
iii. One dock shall be permitted for every 60 metres of shoreline frontage on
a lot.
iv. No dock shall extend more than 10 metres into a waterway except that a
dock may exceed 10 metres in length as is necessary to provide 6.0 metres
of dock in water not less than 0.8 m in depth but not more than 30 metres.
v. The maximum width of all shoreline structures, including docks, decks and
boathouses shall be 8.0 metres or 25 per cent of the shoreline frontage of
the lot measured parallel to the shoreline, whichever is the lesser width.
vi. The maximum area of a dock and decks within 30 m of the shoreline shall
be 60 sq m.
3.2.6
Boathouse
Notwithstanding the yard and setback provisions of this By-law to the contrary, a
boathouse may be constructed appertaining to a lot abutting a navigable waterway
subject to the following provisions:
i)
Boathouse Size
a) maximum width
b) maximum size
4.6 metres or 15 per cent of
the lot frontage, whichever is
the lesser;
37.5 sq m
c) minimum side yard
3 metres;
d) minimum lot frontage
30 metres;
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e) maximum height
5 metres.
ii)
Human habitation is not permitted in a boathouse.
iii)
No deck shall be permitted on top of a boathouse.
3.2.7
Garages or Other Accessory Buildings or Structures
Garages and accessory buildings or structure shall meet the required front yard for
the zone in which they are located. Notwithstanding the other yard and setback
provisions of this By-law to the contrary, a detached private garage or other
accessory building or structure may be erected and used in an interior side or rear
yard, provided that the following requirements are met.
i)
Interior Side Yard
Where such accessory building or structure is located in an interior side
yard, it shall not be closer than 1.2 metres to the interior side lot line.
ii)
Rear Yard
Where such accessory building or structure is located in a rear yard, it shall
not be closer than 3.0 metres to the rear lot line. However, in the case of a
SR Zone, accessory buildings shall not be closer than 10 metres to the rear
lot line, except as may otherwise be permitted under this By-law.
iii)
Distance from Main Building
Where such accessory building or structure is located in a side or rear yard,
it shall not be closer than 2 metres from the main building.
iv)
Attached Private Garages
Where the building does not have a covered porch, the private garage may
extend 1.5 metres beyond the main building façade.
v)
Attached Private Garages with Porch
Where the building has a covered porch, the private garage may extend 3.0
metres beyond the main building façade.
vi)
Temporary Buildings
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For the purposes of this By-law, buildings covered with cloth, plastic or
similar flexible materials shall be required to meet the same requirements
as permanent buildings and structures.
3.2.8
Garden Suite
Garden suites may be permitted as a temporary use in all Residential Zones
provided that:
i)
the unit is occupied by an immediate family member of the occupant of the
primary residential use;
ii)
the lot has sufficient sewage and water services to accommodate the unit;
iii)
the unit does not exceed 40 square metres; and,
iv)
there is an agreement between the owner and municipality that provides
for the removal of the building when it is no longer required.
3.2.9
Gate House in Industrial Zone
Notwithstanding the yard and setback provisions of this By-law, to the contrary, in
an Industrial Zone, a gate house not exceeding 9.0 square metres shall be
permitted in a required front or side yard or in the area between the street line and
the required yard.
3.2.10
Livestock
The keeping of livestock is permitted in any Rural (RU) zone in accordance with the
setback requirements in Section 3.25.2 of this By-law. In any Rural Residential (RR)
zone the keeping of livestock shall be subject to the lot having a minimum lot area
of 2 hectares and shall be limited to one half nutrient unit per hectare where a
nutrient unit is defined by Regulations under the Nutrient Management Act 2002.
3.2.11
Sleeping Cabins/ Bunkie
Notwithstanding any other provision of this By-law to the contrary, one (1)
Sleeping Cabin or Bunkie is permitted as an accessory building on a lot in the
Shoreline Residential (SR), Limited Service Residential (LSR) or Rural (RU) zone
provided that:
i)
no cooking facilities are located in the building;
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ii)
the building is not connected to running water;
iii)
the sleeping cabin has an area of 20 square metres or less;
iv)
the maximum occupancy of the building shall be four persons;
v)
the building has a height not greater than 4 metres; and,
vi)
the building complies with all of the setbacks that apply to the principal
building on the lot.
A sleeping cabin may comprise the upper half-storey of a garage provided that the
habitable area does not exceed 20 square metres and the building meets the other
provisions of this By-law for accessory buildings.
3.2.12
Saunas and Gazebos
Notwithstanding the yard and setback requirements of this By-law to the contrary,
a gazebo or a sauna may be permitted in a yard of a lot adjacent to a waterbody
provided that:
i)
the maximum area is 14.0 square metres;
ii)
it is setback at least 4.0 metres from the normal average or maintained high
water mark;
iii)
it is setback at least 2.0 metres from any side lot line;
iv)
the height shall not exceed 3.2 metres;
v)
the vegetative buffer provisions in Section 3.29 are met; and,
vii)
only one gazebo or one sauna is permitted in the yard.
3.2.13
Shipping Containers
Shipping containers may be used as an accessory building or structure in an
Industrial, Rural or Rural Residential Zone and shall meet the requirements for
accessory buildings in the zone. In Shoreline Residential or Shoreline Backlot
Residential zones shipping containers will only be used as accessory buildings or
structures where the lot is at least 1.0 hectare in size and the requirements for
accessory buildings are met.
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3.2.14
Drive-Through Service Facilities
A drive-through service facility shall be permitted as an accessory use to a
permitted restaurant, financial institution, retail store, automotive service station,
gas bar or automated car wash use, subject to:
i)
The number of drive-through service facilities accessory to restaurants,
financial institutions, retail stores and automated car washes located on a
lot shall not exceed a total of two. Drive-through service facilities accessory
to gas bars or service stations shall not be included in the calculation of the
maximum number of drive-through service facilities permitted on a lot.
ii)
The requirements of Section 3.17.9 of this By-law with respect to queuing
spaces shall be satisfied.
3.3
ACCESS TO LOTS
3.3.1
Improved Public Road
No person shall erect any building or structure in any Zone after the date of passing
of this By-law, unless the lot upon which such building or structure is to be erected
has frontage upon an year-round maintained improved public road, and such
building or structure complies with the setback provisions of this By-law.
Development on a road that is not maintained year-round shall only be permitted
where there is an agreement registered on the title of the land acknowledging that
the municipality does not provide year-round services on the road.
The above provisions shall not apply to prevent the erection of a permitted
building or structure on a lot in a registered Plan of Subdivision where a properly
executed Subdivision Agreement has been entered into with the Township,
notwithstanding that the street or streets will not be assumed by the Township
until the end of the maintenance period, nor shall it apply to prevent the
enlargement, extension, renovation, reconstruction or other structural alteration of
an existing building or structure, which is located on a lot which does not have
frontage upon an improved public road, provided the use of such building or
structure does not change and is permissible within the Zone in which it is located.
For the purposes of this By-law only, a common element roadway within a
registered plan of condominium that is maintained by the condominium
corporation in accordance with an agreement between the corporation and the
Township shall be deemed to be an improved public road.
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Notwithstanding the provisions of this section to the contrary a hunt camp shall
be permitted in the Rural (RU) Zone in accordance with the provisions of Section
3.8 of this By-law.
3.3.2
Access on a Private Road
Notwithstanding the provision in 3.3.1 where a lot in the Limited Service Shoreline
Residential (LSR) Zone, the Shoreline Residential (SR) Zone or the Rural (RU) Zone,
fronts upon a private road or private right-of-way, a use, building or structure
permitted within the Zone shall be permitted on such lot, in accordance with the
applicable provisions of the Zone and provided such private road or private right-
of-way existed as of the date of passing of this By-law.
3.3.3
Access from a Navigable Waterway
Notwithstanding the provisions of 3.3.1 and 3.3.2 where a lot in the Limited Service
Shoreline Residential (LSR) Zone is only accessible by a navigable waterway, such
lot may be used in accordance with the applicable provisions of the Limited
Services Shoreline Residential (LSR) Zone.
3.4
ESTABLISHED BUILDING LINE IN RESIDENTIAL ZONE
Notwithstanding any other provisions of this By-law to the contrary, where a
dwelling is to be erected in a Residential Zone, between existing dwellings on the
same street or shoreline, such dwelling may be built with a front yard and setback
equal to the average yard of the adjacent dwellings on the same side of the street
within 30 metres of the lot.
Within a Shoreline Residential or Limited Service Residential Zone, notwithstanding
the required front yard, where a dwelling is to be constructed on a vacant lot
between existing dwellings on the abutting lots, the dwelling on the vacant lot may
be built with a minimum front yard equal to the average setback from the shoreline
or the rear wall of the abutting lots.
3.5
GROUP HOMES AND CRISIS CENTRES
No Group Home or Crisis Centre shall be located within 200 metres of another
Group Home or Crisis Centre.
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3.6
HOME INDUSTRY
Where a home industry is permitted as an accessory use to a single detached
dwelling in any zone the following provisions shall apply:
i)
A maximum of four (4) persons other than an occupant of the dwelling may
be engaged in the home industry at any time.
ii)
Such home industry may be located in part of a dwelling or in any accessory
building located on a lot on which a dwelling is in existence, provided the
total gross floor area utilized by the home industry does not exceed a
maximum of 100 square metres.
iii)
There shall be no display, other than a non-illuminated sign having a
maximum surface area of 1.0 square metres, to indicate to persons that any
part of the dwelling or dwelling unit is being used for a purpose other than
residential.
iv)
There shall be no outside storage of goods, materials or articles associated
with the home industry.
v)
Only currently licensed motor vehicles, and a maximum of three vehicles
associated with the home industry may be parked or stored on the lot
within an interior side or rear yard.
3.7
HOME OCCUPATION
Where a home occupation is permitted the following provisions shall apply:
i)
One person, other than a person living on the premises, may be engaged
in the occupation of the canvassing, delivering or distributing merchandise
to customers at any time.
ii)
There shall be no display, other than a non-illuminated sign having a
maximum surface area of 0.5 square metres, and located inside the dwelling
to indicate to persons outside that any part of the dwelling or dwelling unit
is being used for a purpose other than residential.
iii)
There shall be no goods, wares, or merchandise offered for sale or rent on
the premises other than what is produced on the premises.
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iv)
There shall be no outside storage of goods, materials, containers or animal
enclosures used in conjunction with the home occupation.
v)
Not more than 25 percent of the gross floor area not including the
basement of the dwelling or dwelling unit shall be used for the purposes of
the home occupation, and such home occupation shall be conducted
entirely within the detached dwelling or dwelling unit.
vi)
There shall be no mechanical or other equipment used except that which is
customarily used in a dwelling or dwelling unit for domestic or household
purposes or for use by a hairdresser or barber, dentist, drugless
practitioner, physician, or other professional person.
vii)
A home occupation shall not include a boarding or lodging house, an
eating establishment, or a facility offering accommodation or meals other
than a Bed and Breakfast establishment.
viii)
A home occupation shall be secondary to the principle residence and shall
not change the residential character of the lot.
viii)
One home occupation only shall be permitted in conjunction with a single
detached dwelling.
3.8
HUNT CAMPS
Hunt Camps as defined in this By-law, are permitted in the Rural (RU) Zone subject
to the following special provisions:
i)
minimum lot area - 10 hectares
ii)
minimum setback from opened public road allowance - 100 metres
iii)
minimum setback from any lot line - 50 metres
iv)
maximum floor area - 45 square metres
v)
maximum number of units - 1
3.9
LOADING SPACE REQUIREMENTS
3.9.1
Loading Space
Loading spaces are required under this By-law, in accordance with the Loading
Space Requirement Table set forth herein, and the owner of every building or
structure erected for any purpose involving the receiving, shipping, loading or
unloading of persons, animals, goods, wares, merchandise or raw materials shall
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provide and maintain loading and unloading spaces on the lot accordingly. For
the purposes of this By-law, each loading or unloading space shall be 15 metres in
length, 3.5 metres in width and have a vertical clearance of at least 4 .3 metres.
3.9.2
Loading Space Requirement Table
Gross Floor Area of Building
Loading Spaces Required
Less than 300 square metres
None
300 square metres to 2300
square metres or less
1 space
Exceeding 2300 square metres
2 spaces
3.9.3
Access
Access to loading spaces shall be by means of a driveway of at least 3.5 metres in
width contained on the lot on which the spaces are located and leading to an
improved public road.
3.9.4
Loading Space Surface
Driveways, loading spaces, and related aisles and turning areas shall be maintained
with a stable surface that is treated to prevent the raising of dust. Such loading
facilities shall, before being used, be surfaced with asphalt, concrete or brick and
shall include provisions for drainage facilities. In Industrial Zones, a crushed stone
or gravel surface shall be permitted except where such a use is abutting a
Residential Zone or in a front yard.
3.9.5
Location
The loading spaces required shall be located in the interior side or rear yard unless
such space or spaces are removed from the street line a minimum distance of 15
metres.
3.9.6
Additions to or Change in Use of Existing Buildings
The loading space requirements referred to herein shall not apply to any building
in existence at the date of passing of this By-law so long as the gross floor area, as
it existed at such date, is not increased by more than 300 square metres. If an
addition is made to the building or structure which increases the gross floor area,
then additional loading spaces shall be provided as required by this Section, in
accordance with the provisions of the loading Space Requirement Table for such
addition.
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3.10
DWELLING UNITS
a)
Number on a Lot
Unless specified elsewhere in this By-law, no more than one dwelling unit
shall be permitted on a lot.
b)
Minimum Ground Floor Area - All Dwellings
1 storey dwellings
75 sq m
(806 sq ft)
1 1/2 storey dwellings
60 sq m
(645 sq ft)
2 storey dwellings
50 sq m
(538 sq ft)
3.11
MINIMUM OPENING ELEVATION
No habitable building located adjacent to the lakes listed below shall have any
building opening below the following elevations:
Doe Lake: 297.41 m
Perry Lake: 336.67 m
3.12
MULTIPLE ZONES ON ONE LOT
Where a lot is divided into more than one Zone under the provisions of this By-
law, each such portion of this said lot shall be used in accordance with the
Permitted Uses of this By-law for the applicable Zone as if it were a separate lot.
The Zone Regulation requirements for the Zone shall be measured from the lot
lines
3.13
NON-CONFORMING USES
3.13.1
Continuation of Existing Uses
The provisions of this By-law shall not apply to prevent the use of any existing lot,
building or structure for any purpose prohibited by this By-law if such existing lot,
building or structure was lawfully used for such purposes, prior to the effective date
of this By-law and provided that the lot, building or structure continues to be used
for that purpose. Where the use ceases to exist for a period of one year, the use
will be deemed to have been discontinued. Where a non-conforming travel trailer
or mobile home is removed from a lot the use shall be deemed to have been
discontinued.
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3.13.2
Permitted Exterior Extension, Alteration and Reconstruction
The exterior of any building or structure which was lawfully used prior to the
effective date of this By-law for a purpose not permissible within the Zone in which
it is located, prior to the effective date of this By-law, shall not be enlarged,
extended more than 0.2 metres, reconstructed or otherwise structurally altered,
unless such building or structure is thereafter to be used for a purpose permitted
within such Zone.
3.13.3
Permitted Interior Alteration
The interior of any building or structure which was lawfully used for a purpose not
permissible within the Zone in which it is located prior to the effective date of this
By-law, may be reconstructed or structurally altered, in order to render the same
more convenient for the existing purpose for which such building or structure was
lawfully used.
3.13.4
Restoration To A Safe Condition
Nothing in this By-law shall prevent the strengthening or restoration to a safe
condition of any existing, legal non-conforming building or structure or part
thereof, provided that the strengthening or restoration does not increase the
building height, size or volume or change the existing, lawful use of such existing
building or structure unless these changes are necessary to provide for
floodproofing of the building.
3.13.5
Building Permit Issued
The provisions of this By-law shall not apply to prevent the erection or use, for a
purpose prohibited by this By-law, of any building or structure, the plans for which
have, prior to the date of passing of this By-law, been approved by the Chief
Building Official, so long as the building or structure, when erected, is used and
continues to be used for the purpose for which it was erected.
3.14
NON-COMPLYING BUILDINGS AND STRUCTURES
3.14.1
Permitted Buildings or Structures
Where a legally existing building or structure has less than the minimum front yard,
rear yard, side yard or any setback required by this By-law, the said building or
structure may be enlarged, reconstructed, repaired and/or renovated provided
that:
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i)
the enlargement, reconstruction, repair and/or renovation does not further
reduce a front yard, and/or side yard and/or rear yard and/or lot coverage
to less than the minimum required by this By-law;
ii)
the building or structure is being used for a purpose permissible within the
Zone in which it is located; and,
iii)
all other applicable Zone Provisions of this By-law are complied with.
iv)
any building or structure that legally existed as of the date of passing of
this By-law that encroached on any required yard or setback a distance of
0.1 m or less or exceeds maximum lot coverage by 1.0 per cent or less shall
be deemed to comply with the requirements of this By-law.
3.14.2
Reconstruction Of Existing Building
Nothing in this By-law shall apply to prevent the reconstruction of any permitted
building which is accidentally damaged or destroyed by causes beyond the control
of the owner, provided that the reconstruction occurs within 12 months of the
damage being done. Such permitted building may be reconstructed in accordance
with the previously existing standards, even if such did not conform with one or
more of the provisions of this By-law, but the non-compliance may not be further
increased.
3.15
NON-COMPLYING LOTS
Where a lot, having a lesser lot area and/or lot frontage than required herein,
existed on the date of passing of this By-law, or where such a lot is created by a
public authority such smaller lot may be used and a permitted building or structure,
may be erected, altered and/or used on such smaller lot provided that all other
applicable Zone Provisions of this By-law are complied with.
In the R1, R2, SR and LSR Zones a 25 per cent reduction in the required yards shall
be permitted on an existing undersized lot.
Lots which have been increased in size following passing of this By-law may also
be used in accordance with this provision.
This provisions does not apply to islands having an area of less than 0.2 ha.
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3.16
NOXIOUS TRADE
Except as may otherwise be specifically permitted under this By-law, no use shall
be permitted which, from its nature or the materials used therein, is defined as a
noxious trade, business or manufacture under The Health Protection and
Promotion Act, as amended, and the Regulations promulgated thereunder.
3.17
PARKING AREA REGULATIONS
3.17.1
Parking Space Requirements
The owner of land or of every building or structure erected or used for any of the
purposes hereinafter set forth shall provide and maintain parking spaces for the
sole use of the owner, occupant, or other persons entering upon or making use of
the said premises, from time to time.
Parking spaces are required under this By-law, in accordance with the Parking
Space Requirement Table. Where the calculation of required spaces exceeds a
whole space of more than .25, the required spaces shall be the next whole number.
3.17.2
Parking Area Surface
Non-Residential parking spaces, or multiple unit residential parking areas and
driveways connecting the parking spaces or area with a street shall be maintained
with a stable surface that is treated so as to prevent the raising of dust. Such
parking spaces or areas shall, before being used, be constructed of asphalt or
concrete or similar material and shall include provisions for drainage facilities.
Parking spaces for more than four vehicles shall be maintained with a concrete,
asphalt or brick.
In the Residential Type One and Residential Type Two Zones parking areas can be
surfaced with crushed stone or gravel.
3.17.3
Ingress and Egress Provisions
i)
Ingress and egress to and from the required parking spaces and areas shall
be provided by means of unobstructed driveways or passageways of at
least 3 metres in width but not more than 9 metres in perpendicular width.
ii)
The maximum width of any joint ingress and egress driveway ramp
measured along the street line shall be 9 metres.
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iii)
The minimum distance between any two driveways on one lot or between
a driveway and an intersection of street lines measured along the street line
intersected by such driveway shall be 7.5 metres.
iv)
The minimum angle of intersection between a driveway and a street line
shall be 60 degrees.
v)
Every lot shall be limited to the following number of driveways, namely:
a)
up to the first 15 metres of lot frontage, not more than one
driveway;
b)
greater than 15 metres of lot frontage but not more than 30 metres
of frontage, not more than two driveways with a combined width
not exceeding 30 percent of the lot frontage; and,
c)
for each additional 30 metres of lot frontage, not more than one
additional driveway.
vi)
Parking spaces shall have a minimum width of 3.0 metres and have a
minimum area of 18.5 square metres. The length of any parking space and
the width of the adjacent aisle shall be in accordance with the following:
Angle of Parking Space
Perpendicular with aisle
Minimum Length of
parking space
Minimum width
of aisle
60 degrees to 90 degrees
6.2 metres
6.9 metres
45 degrees to 59 degrees
6.2 metres
5.2 metres
30 degrees to 44 degrees
6.2 metres
3.7 metres
0 degrees to 29 degrees
6.2 metres
3.0 metres
3.17.4
More Than One Use on a Lot
When a building or structure accommodates more than one type of use, the
parking space requirement for the whole building shall be the sum of the
requirements for the separate parts of the building occupied by the separate types
of use.
3.17.5
Parking Area Location on Lot
Notwithstanding the yard and setback provisions of this By-law to the contrary,
uncovered surface parking areas shall be permitted in the required yards or in the
area between the street line and the required setback except that, where a
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Commercial Zone abuts a Residential Zone, parking shall not be located in the
required yard between the two zones.
Within a Residential Type One and Residential Type Two Zone, in the front yard or
exterior side yard, the maximum width of a driveway or parking area shall be 7.0
metres.
3.17.6
Additions To, or Changes In, The Use of Existing Buildings and Structures
The parking space requirements referred to herein shall not apply to any building
or structure lawfully in existence on the date of passage of this By-law, so long as
the gross floor area is not increased and the use or number of dwelling units does
not change. If any addition is made to a building or structure which increases its
gross floor area, then parking spaces for the addition shall be provided as required
by the Parking Space Requirement Table. Where a change in use occurs, parking
spaces shall be provided for such new use in accordance with the requirements of
the Parking Space Requirement Table.
3.17.7
Use of Parking Spaces and Areas
Parking spaces and areas required in accordance with this By-law shall be used for
the parking of operative, currently licensed vehicles only and for vehicles used in
an operation incidental to the permitted uses in respect of which such parking
spaces and areas are required or permitted.
Notwithstanding the foregoing, the owner or occupant of any lot, building or
structure in the Residential Type One or Residential Type Two Zone may use the
lot building or structure for the parking, storing or housing of one commercial
motor vehicle or trailer provided that such vehicle does not exceed a 3500 kg
capacity.
Commercial motor vehicles used in conjunction with a farm and one commercial
truck or school bus are permitted in a Rural Zone provided that such vehicle must
be parked in the side or rear yard unless it is parked indoors.
PARKING SPACE REQUIREMENT TABLE
TYPE OF NATURE OF USE
MINIMUM OFF-STREET PARKING
REQUIREMENTS
Assembly Hall, Auditorium, Arena, Community
Centre, Place of Worship, Private Club, Theater,
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PARKING SPACE REQUIREMENT TABLE
TYPE OF NATURE OF USE
MINIMUM OFF-STREET PARKING
REQUIREMENTS
Farmers Market, Eating Establishment or
Tavern or establishment licensed under the
Liquor License Act or other similar places of
assembly not otherwise specified herein.
1 parking space for each eight seats
provided for patrons and 1 space for every
20 m2 of gross floor area
Eating Establishment, Drive-In
1 parking space for each 5 square metres
Home for the Aged, Nursing Home, Seniors
Apartments
1 parking space for each four beds or
fraction thereof plus one space per two staff
persons
Hotel, Motel, Resort, Cottage or Cabin
Establishment,
Tourist
Establishment
or
Camping Establishment
1.25 spaces for each guest room, cottage,
cabin or camp site plus one space for each
20 sq. m. of commercial eating or
entertainment area
Retail Store
1/20 m2 net floor area
Schools
1 parking space for each 55 m2 of gross
floor area
Residential
1 parking space per dwelling unit.
Group Homes and Special Needs Housing
1 per required caregiver
Lots with four (4) or more dwelling units
1.25 spaces per dwelling unit
3.17.8
Queuing Lanes
a)
Queuing Lane Requirements
Where drive-through service facilities are permitted in as an accessory use,
queuing lanes are require and shall be exclusive of any other parking space
and aisle requirements contained within this By-law and shall be provided
in accordance with the provisions of this Part.
b)
Queuing Space Requirements
The minimum queuing space requirements within a designated queuing
lane shall be in accordance with the standards set out in the Table below:
PRINCIPLE USE
MINIMUM REQUIRED
QUEUING SPACES
Financial Institution
4
Restaurant
10
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Automotive Service Station or Gas Bar
4
Car Wash - Automated
10
All Other Uses
4
3.18
PEAT EXTRACTION, PITS AND QUARRIES
The extraction of peat, establishment or operation of pits or quarries is prohibited
within the area covered by this By-law, except in the locations permitted by this
By-law, and in accordance with the provisions of this By-law. No person shall use
land or erect any building or structure for the purpose of processing, washing,
screening, sorting or crushing rock, sand and/or gravel, topsoil and or peat except
as expressly provided for in this By-law.
3.18.1
Change of Use
No person shall change the use of lands from a pit to a quarry except in accordance
with this By-law.
3.18.2
Recycling of Aggregate Resources
Use of recyclable aggregate such as concrete, asphalt, brick, glass and other
suitable materials shall be permitted in a licensed aggregate quarry or pit provided
that:
i)
The recyclable material only makes up 20% of the total material; and
ii)
That the recyclable material does not consist of plastics, tires or materials
other than clean aggregate.
3.19
PLANTING STRIPS
3.19.1
Location
Where a lot in a Residential Multiple, Institutional, Commercial or Industrial Zone
abuts an interior side or rear lot line of a lot in a Residential Zone, a planting strip
adjoining such abutting lot line, or portion thereof, shall be provided within the
Residential Multiple (RM), Institutional, Commercial, or Industrial Zone with a
minimum width of 3 metres.
3.19.2
Contents
Such required planting strip shall be used for no other purposes than planting a
continuous, unpierced hedgerow of trees, evergreens or shrubs, or solid fencing
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not less than 1.5 metres high, immediately adjacent to the lot line, or portion
thereof, where such planting strip is required. The remainder of the planting strip
shall be used for no other purpose than the planting of ornamental shrubs,
flowering shrubs, flower beds, grass or a combination thereof.
3.19.3
Driveways and Walkways
In all cases where ingress and egress, driveways, launching ramps or walkways
extend through a required planting strip, it shall be permissible to interrupt the
planting strip within 3 metres of the edge of such driveway or within 1.5 metres of
the edge of such walkway.
3.19.4
Landscaped Open Space
A planting strip or buffer screen referred to in this Section may form a part of any
landscaped open space required by this By-law but shall not form part of a required
yard.
3.20
PUBLIC USES
3.20.1
Public Services
Except as provided in paragraph 3.20.2. hereof, the provisions of this By-law shall
not apply to prohibit the use of any lot or the erection or use of any building or
structure for the purposes of public uses provided by the Township, or any Public
Authority including any Department or Ministry of the Government of Canada or
Ontario or any Conservation Authority established by the Government of Ontario
and, for the purposes of this Section, shall include Ontario Hydro, any telephone,
telegraph or cable TV company and any natural gas distribution system operated
by a Company distributing gas to the residents of the Township, which company
possesses all the necessary powers, rights, licenses and franchises.
3.20.2
Location Restrictions
Notwithstanding any other provision contained in this By-law to the contrary,
where a public use is specifically mentioned as a permitted use within a specific
Zone classification, then such public use shall only be permitted within that Zone
or Zones and shall comply with the Zone Provisions of the Zone or Zones in which
the public use is permitted, save and except that there shall be no minimum lot
area or lot frontage requirement. This provision shall not apply to Crown agencies.
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3.20.3
Provisions
i)
No goods, materials or equipment shall be stored outside the building or
structure located on the lot, except as may otherwise be permitted under
this By-law;
ii)
The Zone provisions of the Zone in which the use is located shall be
complied with except as otherwise provided in this By-law;
iii)
No building or structure erected in accordance with the provisions of this
Section shall be used for the purposes of an office or maintenance or works
depot; and,
iv)
The building or structure shall be designed and maintained in general
harmony with the uses permitted within the respective Zone.
3.20.4
Streets and Service Installations
Nothing in this By-law shall prevent land from being used as a street or highway,
or prevent the installation of a watermain, sanitary sewer, storm sewer, gas main,
pipeline, overhead or underground hydro, communication line or high voltage
electrical facilities owned, operated and maintained by Hydro One any Public
Utilities Commission or their agents.
3.21
REDUCTION OF REQUIREMENTS
No person shall change the purpose for which any land, building or structure is
used or erect any building, or structure, or addition to any existing building or
structure, or reduce the area of any lot, if the effect of such action is to cause the
original adjoining, remaining or new building, structure or lot to be in
contravention with this By-law.
3.22
RESTRICTIONS
ON
DWELLING
UNITS
IN
NON-RESIDENTIAL
BUILDINGS
Notwithstanding any other provision of this By-law, to the contrary, no dwelling
unit shall be located within a portion of a non-residential building which has
gasoline or other flammable fluids or hazardous materials stored in bulk for
commercial purposes or in conjunction therewith, and without limiting the
generality of the foregoing, a dwelling unit shall not be permitted within a building
used for a motor vehicle service station, a motor vehicle repair garage, a motor
vehicle body shop or a marine service shop.
Township of Perry Zoning By-law
29
2014-21
July 16, 2014
Consolidation
June 3, 2016
3.23
SIGHT TRIANGLES
On a corner lot fronting on two Township roads, or a Township Road and a
Provincial Highway within the triangular space formed by the street lines and a line
drawn from a point in one street line to a point in the other street line, each such
point being 10 metres measured along the street line from the point of
intersection of the street lines, no motor vehicle, as defined in The Highway Traffic
Act, shall be parked, no building or structure which would obstruct the vision of
drivers of motor vehicles shall be erected, and no land shall be used for the
purposes of growing shrubs or trees in excess of 0.9 metres in height. Such
triangular space may hereinafter be referred to as a "sight triangle". Where the
two street lines do not intersect at a point, the point of intersection of the street
lines shall be deemed to be the intersection of the projection of the street lines or
the intersection of the tangents to the street lines.
Where the lands that abut roadways where the posted speed limit is 50 KMPH or
less, the site triangle may be reduced to 6.0 metres.
3.24
SIGNS
Unless otherwise specified, the provisions of this By-law shall not apply to prevent
the erection, alteration or use of any sign provided such sign complies with the By-
laws of the Township.
3.25
SPECIAL SETBACKS
3.25.1
Highways
The minimum setback for all buildings and structures adjacent to a Class 1 or 2
Provincial highway is 14m from the property line.
3.25.2
Livestock Facilities
Notwithstanding any other yard or setback provisions in this By-law to the contrary,
no residential, institutional, commercial, industrial or recreational use, located on a
separate lot and otherwise permitted by this By-law shall be erected or altered
unless it complies with the Minimum Distance Separation (MDS I) using Schedule
B calculation as determine by the Ministry Agriculture Food and Rural Affairs.
MDS I formula shall not apply to existing lots of record as of the date of passing of
this By-law.
Township of Perry Zoning By-law
30
2014-21
July 16, 2014
Consolidation
June 3, 2016
Notwithstanding any other yard or setback provision in this By-law to the contrary,
no livestock facility shall be erected or expanded unless it complies with the
Minimum Separation Distance (MDS II) calculation as determined by the Ministry
of Agriculture, Food and Rural Affairs.
3.25.3
Railways
No building or structure used for human habitation shall be located closer than 30
metres to the limit of a railway right of way to the main line of the CNR Railway.
3.25.4
Street Centre Lines
Where a lot abuts a road allowance less than 20 metres in width, the minimum
setback from the street line shall be 10 metres from the centre line of the street
plus the required front yard or exterior side yard within the zone.
3.25.5
Trans Canada Pipelines
No permanent building or structure shall be located within 7 metres of the Trans
Canada Pipeline right of way.
3.25.6
Watercourses and Cold Water Streams
Unless otherwise permitted by this By-law, no building or a leaching bed for a
sewage system shall be located within 30 metres of the normal or controlled high
water mark of any lake or cold water stream identified on the Schedules to this By-
law. In all other cases the minimum setback from a watercourse shall be 15 metres.
3.26
TEMPORARY USES PERMITTED
A tool shed or construction trailer having a maximum area of 20 sq. m, scaffold or
other building or structure incidental to construction is permitted in all Zones
within the Township on the lot or in the case of a dock, appurtenant to where it is
situated but only for so long as it is necessary for the work in progress and until
the work is completed or abandoned. For the purpose of this Section, abandoned
shall mean the discontinuation of work for more than 30 consecutive days and/or
the failure to maintain a current building permit.
A trailer may be used as a temporary dwelling on a property where there is a valid
building permit for the construction of a dwelling for a period of one year following
the issuance of the building permit.
Township of Perry Zoning By-law
31
2014-21
July 16, 2014
Consolidation
June 3, 2016
3.27
THROUGH LOTS
Where a lot, which is not a corner lot, has lot frontage on more than one street, the
setback and front yard requirements contained herein shall apply on each street in
accordance with the provisions of the Zone or Zones in which such lot is located.
3.28
TRAVEL TRAILERS, MOTOR HOMES AND CAMPERS
Parking and storage of boats, recreational vehicles, trailers and similar vehicles shall
only be permitted subject to the following provisions:
i)
Boats, motor homes, recreational vehicles and trailers shall be stored in the
rear or interior side yard and must meet the yard and setbacks required for
an accessory building.
ii)
In the Limited Service Residential (LSR), Shoreline Residential (SR), Rural
Residential (RR) and Shoreline Backlot Residential (SBR) zones a motor
home or trailer may be used for habitation on a lot for no more than 14
days consecutively or a total of 30 days in any calendar year provided that
all other required permits and licenses for the trailer are current and active.
On vacant lots, trailers shall not be permitted for more than 30 days except
in accordance with Section 3.26.
iii)
In the Rural (RU) zone a motor home or trailer may be located on the lot in
accordance with clause i) above, but not used for human habitation for
more than 30 days in any calendar year unless there is an existing principal
dwelling on the lot and all other required permits and licenses for the trailer
are current and active.
iv)
Structural additions attached to trailers shall not be permitted. Any deck
constructed attached to a trailer shall not exceed 50 per cent of the size of
the trailer.
3.29
VEGETATIVE BUFFERS
Where there is the shoreline of a lake or watercourse on or appurtenant to a lot, a
vegetative buffer of 30 metres shall be maintained between all buildings and
structures and the shoreline or watercourse. This buffer may be interrupted for a
width of 10 per cent of the shoreline frontage of the lot to provide for a pathway
to the water.
Township of Perry Zoning By-law
32
2014-21
July 16, 2014
Consolidation
June 3, 2016
The expansion of an existing dwelling, including the enlargement or construction
of any accessory buildings or structures within a required vegetative buffer or front
yard within an SR or LSR Zone shall be permitted in accordance with the following
table:
Existing Dwelling Distance from
Shoreline
Maximum Ground Floor Area
Increase
Less than 5m
none
≥ 5m & <10m
23m2
≥10m & <15m
32.5m2
≥15
46m2
The increase in the ground floor area shall not reduce the existing setback
between the dwelling and the shoreline save and except to permit an
uncovered deck to encroach 1.2 m into the required yard or vegetative buffer.
In addition, one accessory building having a maximum ground floor area of 25m2
may be permitted within the vegetative buffer area adjacent to a shoreline.
Notwithstanding the permissions above, in no case shall more than 25 per cent of
the required shoreline buffer area be occupied with buildings or structures.
Township of Perry Zoning By-law
33
2014-21
July 16, 2014
Consolidation
June 3, 2016
SECTION 4
RESIDENTIAL ZONE PROVISIONS
4.1
RESIDENTIAL (R) ZONES
4.1.1
General Prohibition
No person shall, within any Residential Zone, use or permit the use of any land, or
erect, alter, enlarge, use or maintain any building or structure for any use other than
as permitted in Tables 4.2 A and 4.2 B and in accordance with the standards
contained the General Provisions contained in Section 3 of this By-law.
4.2
PERMITTED USES
Uses permitted in a Residential Zone are denoted by the symbol 'X' in the column
applicable to that Zone and corresponding with the row for a specific permitted
use in Table 4.A number(s) following the symbol 'X', zone heading, or identified
permitted use, indicates that one or more regulations apply to the use noted or, in
some cases, to the entire Zone.
Zone Symbols
Residential One
R1
Residential Two
R2
Multiple Residential
R3
Shoreline Residential
SR
Limited Service Residential
LSR
Shoreline Residential Backlot
SBR
Rural Residential
RR
Table 4.A Permitted Uses
USE
R1
R2
R3
SR
LSR
SBR
RR
Accessory Dwelling Unit
X
X
X
X
Bed and Breakfast Establishment
X
X
X
X
Dwelling, Apartment
X
Dwelling, Duplex
X
X
X
Dwelling, Semi-Detached or
Duplex
X
X
Dwelling, Single Detached
X
X
X
X
X
X
X
Township of Perry Zoning By-law
34
2014-21
July 16, 2014
Consolidation
June 3, 2016
USE
R1
R2
R3
SR
LSR
SBR
RR
Dwelling, Triplexes
X
X
Dwelling, Multiple
X
Dwelling, Quadraplex
X
Group Home Type 1
X
X
X
X
Home Occupation
X
X
X
X
X
X
Home Industry
X
Long Term Care Facility
X
X
Private Home Daycare
X
X
X
Public Utility
X
X
X
X
X
X
X
Retirement Home
X
X
Rooming House, Boarding or
Lodging Houses
X
X
X
Row Dwelling
X
Townhouse Dwelling
X
SPECIAL PROVISIONS
(1) The Limited Service Residential (LSR) identifies area where year-round municipal services such as road
maintenance and emergency services may not be available all year long.
4.3
ZONE STANDARDS
No person shall within any Residential Zone use or permit the use of any lot or erect,
alter, use any building or structure except in accordance with the following zone
standards. A number(s) following the zone standard, zone heading or description
of the standard, indicates an additional Zone requirement.
Table 4.B -Regulations for the Residential (R) Zones
Zone
Minimum
Lot Area
Minimum
Lot
Frontage
Minimum
Required
Front
Yard
Minimum
Required
Rear Yard
Minimum
Required
Interior
Side Yard
Minimum
Required
Exterior
Side Yard
Maximum
Lot
Coverage
R1
0.4 ha
30 m
15 m
7.5 m
3.0 m
15 m
25 %
R2
0.4 ha
30 m
15 m
7.5 m
3.0 m
15 m
25 %
R3
0.8 ha
60 m
20 m
7.5 m
7.5 m
15 m
25%
SR
1 ha
90 m
30 m
7.5 m
3.0 m
20 m
10%1,
LSR
1 ha
90 m
30 m
7.5 m
3.0 m
20 m
10%1, 3.
SBR
4.0 ha
135 m
30 m
7.5 m
3.0 m
20 m
10 %2
RR
0.8 ha
60 m
15 m
10 m
6.0 m
15 m
25%
Notes
Township of Perry Zoning By-law
35
2014-21
July 16, 2014
Consolidation
June 3, 2016
(1) Within the SR and LSR Zones permitted lot coverage within 60 m of the shoreline shall be
a maximum of 10%.
(2) Within the Shoreline Residential Backlot (SBR) Zone septic tile fields shall be located a
minimum 300 m from any shoreline. This requirement shall not apply to existing lots of
record.
(3) Within the LSR Zone the maximum gross floor area of a dwelling shall be 120 square
metres.
(4) Within the SR and LSR Zones, Section 3.29 may apply to the minimum front yard
requirement.
SPECIAL PROVISIONS
1. Corner lots will have the minimum lot frontage plus an additional 2.0 metres.
2. Maximum Height in all zones -
10 m
3. Where a dwelling is permitted in the R2 Zone the Zone Standards for the R1 Zone shall
apply.
4.4
EXCEPTIONS
Notwithstanding the Permitted Uses and Zone Requirements of this Section of the By-law to the
contrary, within the Exception Zones listed on Tables 4.1, to 4.6 the following special provisions
shall apply. In all other respects the provisions of Sections 4.1 to 4.3 shall apply.
Table 4.1
Residential One (R1)
Exception
Number
Permitted/Prohibited Uses
Zone Regulations
R-1
Table 4.2
Residential Two (R2)
Exception
Number
Permitted/Prohibited Uses
Zone Regulations
R2-1
Lots 13 and 14, Plan 55, Part of Lot
19, Concession 1, Township of Perry,
designated as Parts 1 and 2 on Plan
42R-5868 and located within the
Residential Type Two - Exception
One (R2-1) Zone, the following
provisions shall apply:
Township of Perry Zoning By-law
36
2014-21
July 16, 2014
Consolidation
June 3, 2016
Residential Two (R2)
Exception
Number
Permitted/Prohibited Uses
Zone Regulations
i. Minimum lot area shall be 0.35
acres;
ii. The
lot
may
be
developed
without frontage on a public
road.
iii. The front lot line shall be deemed
to be that lot line abutting the
right-of-way being Part 3 plan
42R-5868
iv. That access to said lot is over a
right-of-way, registered on title
as Instrument No. RO212921.
In all other respects, the provisions of
By-law 2002-10, as amended, shall
apply.
R2-2
2016-08
Minimum lot size 0.3 ha
Minimum setback from coldwater
stream - 15 metres
Table 4.3
Multiple Residential
(R3) Exception
Number
Permitted/Prohibited Uses
Zone Regulations
R3-1
2018-51
Notwithstanding Section 3.10
to the contrary, two dwelling
units are permitted on one lot.
In
all
other
respects
the
provisions of this By-law shall
apply.
Minimum required front yard - 12 m
for a septic system
Minimum required interior side yard
- 4.6 m
R3-2H
2018-71
Minimum required front yard - 14.9
m
Minimum required exterior side yard
- 6.5 m
Minimum lot area 0.3773 ha
Township of Perry Zoning By-law
37
2014-21
July 16, 2014
Consolidation
June 3, 2016
Multiple Residential
(R3) Exception
Number
Permitted/Prohibited Uses
Zone Regulations
R3-2
2019-66
Minimum required front yard - 14.9
m
Minimum required exterior side yard
- 6.5 m
Minimum lot area 0.3773 ha
Table 4.4
Shoreline
Residential (SR)
Exception
Number
Permitted/Prohibited Uses
Zone Regulations
SR-1
Parts 1 to 4 Plan 42R-18201 shall be
deemed to be one lot
SR-2
Maximum setback from street line
shall be 50 m
SR-3
The minimum side yard 2.7 metres
The minimum front yard 15.75
metres to allow for an unenclosed
deck
SR-4
By-law 2014-31
The minimum lot frontage shall be 80
metres
SR-5
By-law 2015-04
The minimum side yard 2.35 metres
(7.73 feet)
SR-6
OMB Order
By-law 2015-17
Notwithstanding Section 3.2.6
to the contrary, a deck shall be
permitted
on
top
of
a
boathouse to a maximum size
of 27.5 square metres. In all
other respects the provisions of
this By-law shall apply.
SR-7
By-law 2015-18
Section 3.29 shall not apply to
permit
any
further
development of the lands
Minimum front yard 5.5 metres
SR-8
By-law 2015-28
Minimum front yard 20 metres from
high water mark of Hog Lake.
SR-9
By-law 2016-06
Minimum Rear Yard 0.4 metres
Maximum Lot Coverage 12.7%
Township of Perry Zoning By-law
38
2014-21
July 16, 2014
Consolidation
June 3, 2016
Shoreline
Residential (SR)
Exception
Number
Permitted/Prohibited Uses
Zone Regulations
SR-10
By-law 2016-23
The
sewage
system
must
provide tertiary treatment of
sewage effluent.
Minimum Lot Area 0.18 hectares
Minimum Lot Frontage 50.7m
Minimum Front Yard 12.0m
Sewage
System
Setback
from
shoreline 15.0m
SR-11
By-law 2016-27
Encroachment of 5.0 sq m of building
within required front yard shall be
permitted not less than 6.0m from
shoreline.
The maximum area of a dock and
decks within 30m of the shoreline
shall be 94.2 sq m.
SR-12
By-law 2016-63
Minimum Lot Frontage 87 m
SR-13
By-law 2017-18
Notwithstanding Section 3.2.1
to the contrary, an accessory
building can be located on a lot
prior to the construction of the
principal building.
Minimum
shoreline
vegetative
buffer, front yard and setback from a
waterway for structures - 14.5 m.;
and for the septic system - 20.0 m.
Notwithstanding Section 3.2.11 to
the contrary, the existing 32 sq. m.
building can be converted to a
sleeping cabin.
SR-14
By-law 2018-17
Notwithstanding Section 3.2.5
to the contrary, the maximum
area of a deck and docks within
30 metres of the shoreline shall
be 68 square metres.
Notwithstanding Section 3.2.6
to the contrary, a deck shall be
permitted
on
top
of
a
boathouse.
In
all
other
respects
the
provisions of this By-law shall
apply.
Township of Perry Zoning By-law
39
2014-21
July 16, 2014
Consolidation
June 3, 2016
Shoreline
Residential (SR)
Exception
Number
Permitted/Prohibited Uses
Zone Regulations
SR-15
By-law 2018-56
Section 3.2.5(vi) - increase
maximum area of dock and
deck within 30 m of the
shoreline shall be 60 sq. m.
Section 3.29 Vegetative Buffer
- the existing dwelling distance
from the shoreline that is
between 5m and 10m allows
for the maximum ground floor
area increase to be 23 sq. m.
Table 4.B - Minimum Required
Front Yard in the Shoreline
Residential Zone shall be 30 m.
Notwithstanding Section 3.2.5(vi),
the maximum area of a dock and
decks within 30m of the shoreline
shall be 82.6 sq.m.
Notwithstanding Section 3.29, the
maximum ground floor area increase
shall be increased to 98 sq. m.
Notwithstanding
the
front
yard
setback of 30 m, the minimum front
yard shall be:
-
7.3 m (deck);
-
11.2
(exterior
wall
of
dwelling)
-
22.9 m. (garage)
SR-16
By-law 2018-65
Minimum lot area 0.84 acres
Minimum required front yard 15 m
Minimum required rear yard 7.0 m
SR-17
By-law 2019-12
Minimum lot area shall be 0.193 ha;
Minimum lot frontage shall be
31.7754 m;
Minimum required front yard shall be
15.24 m for the existing approved
septic system;
Minimum required front yard shall be
20 m; and
Minimum required exterior side yard
shall be 5.63 m.
SR-18
By-law 2019-34
Notwithstanding Section 3.2.11 to
the contrary, the maximum size of a
sleeping cabin may be 62 square
metres and a washroom is permitted.
SR-19
By-law 2019-53
Minimum lot area shall be 0.20 ha;
Minimum lot frontage shall be
30.5 m;
Township of Perry Zoning By-law
40
2014-21
July 16, 2014
Consolidation
June 3, 2016
Shoreline
Residential (SR)
Exception
Number
Permitted/Prohibited Uses
Zone Regulations
Minimum
required
easterly
interior side yard shall be 1.2 m;
Minimum required front yard shall
be 10 m from the existing deck;
and
Maximum overall lot coverage for
principal and accessory structures
shall be 19.3%.
SR-20
By-law 2019-58
Notwithstanding
Section
3.2.5(v) to the contrary, the
maximum width of a dock
shall be 7.31 metres; and
notwithstanding
Section
3.2.5(vi), the maximum area
of a dock and decks within
30 metres of the shoreline
shall be 74.81 square metres.
In all other respects the
provisions of this By-law
shall apply.
SR-21
By-law 2019-69
Notwithstanding Section 3.29
to
the
contrary,
the
maximum ground floor area
increase shall be 72 square
metres
if
the
existing
dwelling distance from the
Shoreline is ≥10m & 15≤m.
In all other respects the
provisions of this By-law
shall apply.
Minimum front yard shall be 13
metres;
recognize
the
existing
minimum lot area of 0.41 hectares;
and existing minimum lot frontage of
45 metres.
Township of Perry Zoning By-law
41
2014-21
July 16, 2014
Consolidation
June 3, 2016
Table 4.5
Limited Service
Residential (LSR)
Exception
Number
Permitted/Prohibited Uses
Zone Regulations
LSR-1
Minimum side yard 7.0 m
Maximum gross floor area 160 sq.m.
LSR-2
By-law 2015-10
Maximum gross floor area 186 sq.m.
LSR-3
By-law 2015-41
Minimum front yard 9.0 metres
Minimum setback for septic tile field
from lake - 18 metres
Maximum gross floor area - 183 sq
m
Maximum building height - 10.8 m
Maximum area of decks and docks -
87 sq m
LSR-4
By-law 2016-18
Maximum gross floor area - 181
square metres
LSR-5
By-law 2017-28
Minimum
shoreline
vegetative
buffer, front yard and setback from a
waterway for septic system -22.5 m
LSR-6
By-law 2018-06
Notwithstanding
Section
3.2.5(vi), the maximum area of
a dock and decks within 30m of
the shoreline shall be 74.81
sq.m.
Exception to allow for a 9.54 sq.m
expansion (screen room) within the
30m front yard setback
LSR-7
By-law 2019-14
Notwithstanding Section 3.29
to the contrary, the maximum
ground floor area may be
increased to 40.14 square
metres if the existing dwelling
distance from the Shoreline is
≥10m & <15m. In all other
respects the provisions of this
By-law shall apply.
Minimum lot area shall be 0.8454 ha;
Minimum lot frontage shall be 60.96
m;
Minimum required front yard shall be
10.36 m for the existing deck; and
Minimum required front yard shall be
11 m for the proposed addition.
LSR-8
By-law 2020-12
Notwithstanding Section 3.3.1
to the contrary, a hunt camp
may be erected on the lot
Minimum lot frontage shall be 0
metres; and
Township of Perry Zoning By-law
42
2014-21
July 16, 2014
Consolidation
June 3, 2016
Limited Service
Residential (LSR)
Exception
Number
Permitted/Prohibited Uses
Zone Regulations
without frontage upon a year-
round maintained public road.
Notwithstanding Section 3.8 to
the contrary, a hunt camp is
permitted
in
the
Limited
Service Residential (LSR) Zone
subject to the following special
provisions:
ii) minimum setback from open
public road allowance - 0
metres;
iv) Maximum floor area - 103
square metres
Minimum lot area shall be 40
hectares
Table 4.6
Residential Backlot
(SBR) Exception
Number
Permitted/Prohibited Uses
Zone Regulations
SBR-1
Uses accessory to a residential use on
another lot shall be permitted
SBR-2
By-law 2019-57
Notwithstanding
Section
3.2.1 to the contrary, the two
existing accessory buildings
can be located on the lot
prior to the construction of
the principal building.
In all other respects the
provisions of this By-law
shall apply.
Table 4.7
Rural Residential
(RR) Exception
Number
Permitted/Prohibited Uses
Zone Regulations
RR-1
By-law 2014-33
Minimum front yard 12.0 m
Township of Perry Zoning By-law
43
2014-21
July 16, 2014
Consolidation
June 3, 2016
Rural Residential
(RR) Exception
Number
Permitted/Prohibited Uses
Zone Regulations
RR-2
By-law 2014-26
Notwithstanding Section 3.2.1
to the contrary, an accessory
building can be located on a lot
prior to the construction of the
principal building.
RR-3
By-law 2016-50
Notwithstanding Section 3.2.2
to the contrary, an accessory
building can be closer to the
front lot line than the principle
building, with the accessory
structure being within 17 m of
the front lot line.
RR-4
By-law 2016-56
Notwithstanding Section 3.2.2
to the contrary, an accessory
building can be closer to the
front lot line than the principle
building, with the accessory
structure being within 72 m of
the front lot line.
RR-5
By-law 2017-69
Notwithstanding Section 4.3,
the
minimum
lot
area
requirement
in
the
Rural
Residential (RR) Zone is 0.8ha
whereas the existing lot size is
0.72
Minimum lot area shall be 0.72 ha
RR-6
2019-09
Notwithstanding Section 4.3,
the
minimum
lot
area
requirement
in
the
Rural
Residential (RR) Zone is 0.8ha
whereas the existing lot size is
0.638ha
Notwithstanding Section 4.3,
the minimum exterior side yard
requirement
in
the
Rural
Residential (RR) Zone is 15 m
Minimum lot area shall be 0.638 ha
Notwithstanding Section 4.3, the
minimum
exterior
side
yard
requirement is 10 m.
Township of Perry Zoning By-law
44
2014-21
July 16, 2014
Consolidation
June 3, 2016
Rural Residential
(RR) Exception
Number
Permitted/Prohibited Uses
Zone Regulations
RR-7
2020-55
A contractor's yard is also
permitted.
Township of Perry Zoning By-law
45
2014-21
July 16, 2014
Consolidation
June 3, 2016
SECTION 5
COMMERCIAL ZONE PROVISIONS
5.1
GENERAL PROHIBITION
No person shall, within any Commercial Zone, use or permit the use of any land, or
erect, alter, enlarge, use or maintain any building or structure for any use other than
as permitted in Tables 5.A and 5B and in accordance with the standards contained
the General Provisions contained in Section 3 of this By-law.
5.2
PERMITTED USES
Uses permitted in a Commercial Zone are denoted by the symbol 'X' in the column
applicable to that Zone and corresponding with the row for a specific permitted
use in Table 5.A. A number(s) following the symbol 'X', zone heading, or identified
permitted use, indicates that one or more regulations apply to the use noted or, in
some cases, to the entire Zone.
Zone Symbols
General Commercial
-
CG
Commercial Tourist
-
CT
Commercial Tourist Park
-
CTP
Rural Commercial
-
RC
Airport Commercial
-
CA
TABLE 5A Permitted Uses
USE
CG
CT
CTP
RC
CA
Accessory convenience store
X
Accessory marina
X
Accessory Assembly Hall
X
X
Accessory Retail Store
X
X
Airport
X
Assembly Hall
X
X
X
Bakery
X
Bank
X
Banquet Hall
X
Building Supply and Lumber outlet
X
X
Township of Perry Zoning By-law
46
2014-21
July 16, 2014
Consolidation
June 3, 2016
USE
CG
CT
CTP
RC
CA
Business, Professional or Administrative
office
X
X
Camping Establishment
X
X
Car wash
X
Commercial Nursery or Greenhouse
X
X
X
Commercial school
X
Farm Produce Retail Outlet
X
Funeral Home
X
Fitness Centre
X
X
X
Garden Centre
X
X
Golf Course
X
Golf Driving Range
X
Government offices
X
Grocery store
X
Hotel
X
X
X
Kennel
X
Laundromat
X
Library
X
Light
Equipment
sales
and
rental
establishment
X
X
X
Marina
X
Miniature Golf
X
X
X
Motel
X
X
X
Motor Vehicle Body Shop
X
Motor Vehicle Dealership
X
Motor Vehicle Fuel Bar
X
X
Motor Vehicle Service Station
X
Parking lot or structure
X
Personal service shop, or service shop
X
X
Pharmacy
X
Place of Entertainment
X
X
X
Printing or Publishing Establishment
X
Public Utility
X
X
X
X
X
Resort
X
Restaurant
X
X
X
X
Restaurant, Drive-in
X
Restaurant, Take-out
X
X
Retail store
X
X
Riding School or Boarding Stable
X
X
School, Private
X
Township of Perry Zoning By-law
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2014-21
July 16, 2014
Consolidation
June 3, 2016
USE
CG
CT
CTP
RC
CA
Service or Personal Service shop
X
Storage area enclosed within a building as
an accessory use
X
Tavern
X
X
Tourist establishment
X
X
X
Tourist information centre
X
X
Travel trailer and tent camping facilities
X
Veterinary Clinic
X
Warehouse
X
Wholesale Establishment
X
X
Uses permitted in the M1 Zone
X
Residential Uses Permitted
Accessory Dwelling Unit
X
X
X
X
X
Accessory Single Detached Dwelling
X
Apartment Dwelling
X
Existing Dwellings
X
X
X
X
5.3
ZONE STANDARDS
No person shall within any Commercial Zone use or permit the use of any lot or
erect, alter, use any building or structure except in accordance with the following
zone standards. A number(s) following the zone standard, zone heading or
description of the standard, indicates an additional Zone requirement.
Table 5.B
Zon
e
Minimu
m Lot
Area
Minimu
m Lot
Frontage
Minimu
m
Required
Front
Yard
Minimu
m
Required
Rear
Yard
Minimu
m
Required
Interior
Side Yard
Minimu
m
Required
Exterior
Side Yard
Maximu
m Lot
Coverage
CG
0.8 ha
45 m
15 m
10 m
6.0 m
15 m
40%
CT
1.6 ha
60 m
30 m
6.0 m
6.0 m
30 m
25%
CTP
1.6 ha
120 m
30 m
15 m
15 m
30 m
20%
CR
1.6 ha
60 m
30 m
6.0 m
6.0 m
30 m
25%
CA
0.8 ha
45 m
15 m
10 m
6.0 m
15 m
40%
Township of Perry Zoning By-law
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2014-21
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Consolidation
June 3, 2016
SPECIAL PROVISIONS
1. Density of tourist commercial developments must be 6 metres of frontage per
accommodation unit on the waterbody and a maximum density of 10 units per hectare.
2. A minimum of 5% of the gross land area associated with resort commercial uses shall be
used for improved outdoor purposes.
3. The maximum height for all principle buildings shall be 11.0 metres
Individual camp sites with a Tourist Establishment
Minimum camp site area 1
85m2
Minimum Landscaped open space 50% of total park
5.4
EXCEPTIONS
Notwithstanding the Permitted Uses and Zone Requirements of this Section of the By-law to the
contrary, within the Exception Zones listed on Tables 5.1, to 5.3 the following special provisions
shall apply. In all other respects the provisions of Sections 5.1 to 5.3 shall apply.
Table 5.1
General Commercial
(CG) Exception
Number
Permitted/Prohibited Uses
Zone Regulations
CG-1
The only permitted uses are as
follows:
-
Accessory Retail Store
-
Building
Supply
and
Lumber Outlet
-
Business, Professional or
Administrative Office
-
Light Equipment Sales and
Rental Establishment
-
Marina
-
Motor
Vehicle
Repair
Garage
-
Motor Vehicle Body Shop
-
Motor Vehicle Dealership
-
Motor Vehicle Fuel Bar
-
Motor
Vehicle
Service
Station
-
Parking Lot or Structure
Township of Perry Zoning By-law
49
2014-21
July 16, 2014
Consolidation
June 3, 2016
General Commercial
(CG) Exception
Number
Permitted/Prohibited Uses
Zone Regulations
-
Personal Service Shop, or
Service Shop
CG-2
By-law 2019-06
Minimum required front yard 8.5945
metres
CG-3
By-law 2019-52
Notwithstanding
Section
3.2.13 to the contrary, two
shipping containers may be
used
as
an
accessory
building or structure.
In all other respects the
provisions of this By-law
shall apply.
CG-4
By-law 2019-70
Notwithstanding
Section
3.2.13 to the contrary, one
shipping container may be
used
as
an
accessory
building or structure.
In all other respects the
provisions of this By-law
shall apply.
Table 5.2
Commercial Tourist
(CT) Exception
Number
Permitted/Prohibited Uses
Zone Regulations
CT-1
Maximum of 3 rental cabins and 8
campsites
Table 5.3
Commercial Tourist
Park (CTP)
Exception
Number
Permitted/Prohibited Uses
Zone Regulations
CTP-1
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2014-21
July 16, 2014
Consolidation
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Table 5.4
Rural Commercial
(CR) Exception
Number
Permitted/Prohibited Uses
Zone Regulations
RC-1
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2014-21
July 16, 2014
Consolidation
June 3, 2016
SECTION 6
INDUSTRIAL ZONE PROVISIONS
6.1
GENERAL PROHIBITION
No person shall, within any Industrial Zone, use or permit the use of any land, or
erect, alter, enlarge, use or maintain any building or structure for any use other than
as permitted in Tables 6.A and 6.B and in accordance with the standards contained
the General Provisions contained in Section 3 of this By-law.
6.2
PERMITTED USES
Uses permitted in a Industrial Zone are denoted by the symbol 'X' in the column
applicable to that Zone and corresponding with the row for a specific permitted
use in Table 6.A. A number(s) following the symbol 'X', zone heading, or identified
permitted use, indicates that one or more conditions apply to the use noted or, in
some cases, to the entire Zone.
Zone Symbols
Light Industrial
M1
General Industrial
M2
Extractive Industrial Pit
M3P
Extractive Industrial Quarry
M3Q
Rural Industrial
M4
Waste Disposal
M5
Table 6.A
USE
M1
M2
M3P
M3Q
M4
M5
Accessory Single Detached Dwelling
X
X
Agricultural use, conservation, forestry, reforestation
with accessory uses and buildings, provided that
these uses do not include dwellings
X
X
X
X
X
Building Supply Outlet and/or Lumber Yard
X
X
Bulk fuel Depot
X
Business, Professional Office or Administrative Office
X
Cartage or Transport Depot
X
X
Concrete Batching Plant
X
X
X
X
Contractor's Yard
X
X
X
X
X
Township of Perry Zoning By-law
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2014-21
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Consolidation
June 3, 2016
USE
M1
M2
M3P
M3Q
M4
M5
Heavy Equipment sales and rental establishment
X
X
Light Manufacturing
X
X
X
Mineral Aggregate Extraction
X
X
Manufacturing, processing, and assembly and/or
fabricating plant
X
Mining and associated processing
X
Motor vehicle body shop
X
X
Motor Vehicle Service Station
X
X
Outside Storage accessory to permitted uses
X
X
X
X
Parks
X
X
Personal Service Shop
X
Pit
X
X
Portable saw mill
X
X
X
X
Portable processing plant
X
X
Processing for forestry products
X
X
X
X
X
Public Utility
X
X
X
X
X
X
Quarry
X
Retail outlet, wholesale outlet or business office,
accessory to a permitted use
X3
X3
X
Research Establishment
X
X
Restaurants
X
Salvage Yard
X
Saw or Planing mill
X
X
Self Storage Facility
X
X
Sewage Facility
X
Truck transport terminal
X
Warehouse
X
X
X
Waste Disposal Area
X
Workshop
X
X
SPECIAL PROVISIONS
1.
No crusher or other processing equipment associated with a pit or quarry shall be
located within 300 metres of a dwelling on another lot or 90 metres from a lot in a
Residential Zone.
2.
Only uses that generate less than 4500 litres per day of sewage effluent shall be
permitted,
3.
Provided that it does not exceed 25% of the gross floor area
Township of Perry Zoning By-law
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June 3, 2016
6.3
ZONE STANDARDS
No person shall within any Industrial Zone use or permit the use of any lot or erect,
alter, use any building or structure except in accordance with the following zone
standards. A number(s) following the zone standard, zone heading or description
of the standard, indicates an additional Zone requirement.
Table 6.B
Zone Minimum
Lot Area
Minimum
Lot
Frontage
Maximum
Height
Minimum
Required
Front
Yard
Minimum
Required
Rear Yard
Minimum
Required
Interior
Side Yard
Minimum
Required
Exterior
Side Yard
Maximum
Lot
Coverage
M1
0.8 ha
90 m
10 m
15 m
15.0 m
6.0 m
10 m
50%
M2
2.0 ha
90 m
10 m
30 m
30 m
30 m
30 m
50%
M3P
2.0 ha
90 m
10 m
60 m
60 m
60 m
60 m
50%
M3Q
2.0 ha
90 m
10 m
60 m
60 m
60 m
60 m
50%
M4
10 ha
30 m
10 m
30 m
30 m
30 m
30 m
35%
(including
any
outside
storage
use)
M5
2.0 ha
90 m
10 m
30 m
30 m
30 m
30 m
50%
Special Provisions:
1. None
6.4
EXCEPTIONS
Notwithstanding the Permitted Uses and Zone Requirements of this Section of the By-law to the
contrary, within the Exception Zones listed on Tables 6.1, to 6.4 the following special provisions
shall apply. In all other respects the provisions of Sections 6.1 to 6.3 shall apply.
Table 6.1
Light Industrial
(M1) Exception
Number
Permitted/Prohibited Uses
Zone Regulations
M1-1
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June 3, 2016
Table 6.2
General Industrial
(M2) Exception
Number
Permitted/Prohibited Uses
Zone Regulations
M2-1
Table 6.3
Extractive Industrial
Pit (M3P) Exception
Number
Permitted/Prohibited Uses
Zone Regulations
M3P-1
Table 6.4
Extractive Industrial
Quarry (M3Q)
Exception
Number
Permitted/Prohibited Uses
Zone Regulations
M3Q-1
Table 6.5
Rural Industrial
(M4) Exception
Number
Permitted/Prohibited Uses
Zone Regulations
M4-1
Table 6.6
Rural Industrial
(M5) Exception
Number
Permitted/Prohibited Uses
Zone Regulations
M5-1
Only permitted use licensed
solid waste disposal
M5-2
Only permitted use is a salvage
yard
M5-3
Only
permitted
use
is
a
licensed sewage lagoon
M5-4
Motor vehicle repair garage
and
a
salvage
yard
are
permitted.
Township of Perry Zoning By-law
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2014-21
July 16, 2014
Consolidation
June 3, 2016
SECTION 7
INSTITUTIONAL ZONE PROVISIONS
7.1
GENERAL PROHIBITION
No person shall, within any Institutional Zone, use or permit the use of any land, or
erect, alter, enlarge, use or maintain any building or structure for any use other than
as permitted in Tables 7.A and 7.B and in accordance with the standards contained
the General Provisions contained in Section 3 of this By-law.
7.2
PERMITTED USES
Uses permitted in a Institutional Zone are denoted by the symbol 'X' in the column
applicable to that Zone and corresponding with the row for a specific permitted
use in Table 7.A. A number(s) following the symbol 'X', zone heading, or identified
permitted use, indicates that one or more conditions apply to the use noted or, in
some cases, to the entire Zone.
Zone Symbols
Institutional
Table 7A
USE
Arena
X
Art Gallery
X
Assembly Hall
X
Banquet Hall
X
Cemetery
X
Community Centre
X
Crisis Centre
X
Daycare Centre
X
Emergency Service Facility
X
Fitness Centre
X
Government Office
X
Hospital
X
Library
X
Long Term Care Facility
X
Medical Clinic
X
Municipal or Provincial Maintenance and Storage Yard
X
Museum
X
Township of Perry Zoning By-law
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2014-21
July 16, 2014
Consolidation
June 3, 2016
Nursing Home
X
Places of Worship
X
Police or EMS Station
X
Private Club
X
Public Utility
X
Retirement Home
X
Boarding, Lodging or Rooming House
X
School
X
School, Commercial
X
Tourist Information Centre
X
7.3
ZONE STANDARDS
No person shall within any Commercial Zone use or permit the use of any lot or
erect, alter, use any building or structure except in accordance with the following
zone standards. A number(s) following the zone standard, zone heading or
description of the standard, indicates an additional Zone requirement.
Table 7.B
Zone Minimum
Lot Area
Minimum
Lot
Frontage
Minimum
Required
Front
Yard
Minimum
Required
Rear Yard
Minimum
Required
Interior
Side Yard
Minimum
Required
Exterior
Side Yard
Maximum
Lot
Coverage
Maximum
Height
Minimum
Ground
Floor
Area
I
0.4 ha
45 m
15 m
7.5 m
1.5 m
7.5 m
15%
9.0 m
60 m2
SPECIAL PROVISIONS
1. Corner lots will have the minimum lot frontage plus an additional 2.0 metres.
2. Where an Institutional use abuts a R1 or R2 Zone, a planting strip in accordance with Section 3.19
shall be required.
3. The maximum height in all Zones shall be 11.0 metres
7.4
EXCEPTIONS
Notwithstanding the Permitted Uses and Zone Requirements of this Section of the By-law to the
contrary, within the Exception Zones listed on Table 7.1 the following special provisions shall
apply. In all other respects the provisions of Sections 7.1 to 7.3 shall apply.
Township of Perry Zoning By-law
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July 16, 2014
Consolidation
June 3, 2016
Table 7.1
Institutional (I)
Exception
Number
Permitted/Prohibited Uses
Zone Regulations
I-1
Township of Perry Zoning By-law
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2014-21
July 16, 2014
Consolidation
June 3, 2016
SECTION 8
RURAL, ENVIRONMENTAL PROTECTION AND OPEN SPACE ZONE
PROVISIONS
8.1
GENERAL PROHIBITION
No person shall, within any Rural, Environmental Protection or Open Space Zone,
use or permit the use of any land, or erect, alter, enlarge, use or maintain any
building or structure for any use other than as permitted in Tables 8.A and 8.B and
in accordance with the standards contained the General Provisions contained in
Section 3 of this By-law.
8.2
PERMITTED USES
Uses permitted in any Rural, Environmental Protection or Open Space Zone are
denoted by the symbol 'X' in the column applicable to that Zone and
corresponding with the row for a specific permitted use in Table 8.A. A number(s)
following the symbol 'X', zone heading, or identified permitted use, indicates that
one or more regulations apply to the use noted or, in some cases, to the entire
Zone.
Zone Symbols
Rural
RU
Environmental Protection
EP
Open Space
OS
Table 8A Permitted Uses
USE
RU
EP
OS
Accessory Dwelling Unit
X
Agriculture
X
X
Arenas
X
Bed and Breakfast Establishment
X
Boathouse
X
Campsite
X
Commercial Nursery or Greenhouse
X
Community Centre
X
Conservation uses including forestry, reforestation and
other activities connected with the conservation of soil
or wildlife
X
X
X
Township of Perry Zoning By-law
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2014-21
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Consolidation
June 3, 2016
USE
RU
EP
OS
Dwelling, Single Detached
X
Golf Course
X
X
Home Industry
X
Home Occupation
X
Hunt Camp
X
Parks, public and private
X
Portable sawmills
X
Private Club
X
Private Home Daycare
X
Public Utility
X
Recreation fields
X
Recreational trails
X
X
X
Resource management without any building or
structure
X
X
X
Veterinary Clinic
X
Wayside Pit
X
SPECIAL PROVISIONS
1.
No person shall within any Environmental Protection and Open Space Zones use or permit any
building or structure including accessory building(s) or structure(s), with the exception of a
pumphouse(s), boathouse, dock or building or structure used for flood and erosion control is
permitted in the Open Space (OS) Zone.
8.3
ZONE STANDARDS
No person shall within any Rural, Environmental Protection or Open Space Zone
use or permit the use of any lot or erect, alter, use any building or structure except
in accordance with the following zone standards. A number(s) following the zone
standard, zone heading or description of the standard, indicates an additional Zone
requirement.
Township of Perry Zoning By-law
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2014-21
July 16, 2014
Consolidation
June 3, 2016
Table 8B Regulations for Permitted Uses
Minimu
m Lot
Area
Minimu
m Lot
Frontag
e
Minimu
m
Require
d Front
Yard
Minimu
m
Require
d Rear
Yard
Minimu
m
Require
d
Interior
Side
Yard
Minimu
m
Require
d
Exterior
Side
Yard
Maximu
m Lot
Coverag
e
Maximu
m
Height
R
U
10.0 ha
100.0 m
30.0 m
15.0 m
15.0 m
30.0 m
10%
11.0 m
EP
NIL
NIL
NIL
NIL
NIL
NIL
NIL
NIL
O
S
8,000 m2
45.0 m
6.0 m
7.5 m
1.2 m
4.5 m
25%
11.0 m
SPECIAL PROVISIONS
8.4
EXCEPTIONS
Notwithstanding the Permitted Uses and Zone Requirements of this Section of the By-law to the
contrary, within the Exception Zones listed on Tables 8.1, to 8.3 the following special provisions
shall apply. In all other respects the provisions of Sections 8.1 to 8.3 shall apply.
Table 8.1
Rural (RU)
Exception
Number
Permitted/Prohibited Uses
Zone Regulations
RU-1
A kennel is also permitted
RU-2
Minimum rear yard shall be 20
metres (66 feet) from the
waterfront
for
building
purposes;
For
the
purpose
of
this
provision the Front Lot Line
shall be the lot line that abuts
Rochester Lake Road and not
Hog Lake.
RU-3
By-law 2014-36
Minimum lot frontage 98.0 m
Township of Perry Zoning By-law
61
2014-21
July 16, 2014
Consolidation
June 3, 2016
Rural (RU)
Exception
Number
Permitted/Prohibited Uses
Zone Regulations
RU-4
By-law 2016-61
Minimum lot frontage 25.0 m
RU-5
WITHDRAWN
July
26,
2017
by
applicant
Notwithstanding Section 3.8 to
the contrary, the minimum
setback for a hunt camp from
the easterly interior lot line
shall be 10 metres. In all other
respects the provisions of this
By-law shall apply.
Minimum easterly interior side yard
10.0 m
RU-6
By-law 2017-56
Notwithstanding Section 3.2.2
to the contrary, an accessory
building can be closer to the
front lot line than the principle
building.
RU-7
By-law 2018-07
A motor vehicle repair garage
is also permitted.
RU-8
By-law 2018-09
Notwithstanding Section 3.2.1
to the contrary, one 9.66
square
metre
accessory
building can be located on a lot
prior to the construction of the
principal building.
RU-9
By-law 2018-77
Minimum required front yard 9.1 m;
Minimum required exterior side yard
5.6 m
RU-10
By-law 2020-62
Minimum required front yard 12.04
m;
Minimum required exterior side yard
7.3 m
Table 8.2
Environmental
Protection (EP)
Exception
Number
Permitted/Prohibited Uses
Zone Regulations
EP-1
A driveway is permitted
Township of Perry Zoning By-law
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2014-21
July 16, 2014
Consolidation
June 3, 2016
Table 8.3
Open Space (OS)
Exception
Number
Permitted/Prohibited Uses
Zone Regulations
OS-1
Township of Perry Zoning By-law
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2014-21
July 16, 2014
Consolidation
June 3, 2016
SECTION 9
OVERLAY ZONES
9.1
WASTE DISPOSAL ASSESSMENT AREAS
Lands shown within the Waste Disposal Assessment Holding Overlay on Schedule
'A' shall be subject to a Holding Provision pursuant to Section 36 of the Planning
Act. No development shall be permitted in a Waste Disposal Assessment Holding
zone unless it can be demonstrated to the satisfaction of the Council in
consultation with the Ministry of Environment that there will be no adverse effects
to persons and property from the active or closed waste disposal site.
Prior to the Council passing a By-law under Section 36 of the Planning Act to lift
the Hold on the lands, studies shall be completed in accordance with the Ministry
of Environment's Guideline D4- Land Use on or Near Landfills and Dumps, as
amended or replaced from time to time and potential risks to public health and
safety associated with the proposed land use and the evaluated former waste
disposal site(s) can be mitigated to the satisfaction of the Township, in consultation
with the Ministry of Environment..
Notwithstanding the provisions above, the Holding Provision shall not apply to the
following:
i)
interior alterations to existing structures;
ii)
exterior alterations that do not expand the footprint of an existing
structure;
iii)
new structures or alterations to existing structures which are not habitable
and where such structures do not prevent the free movement of air into the
atmosphere; and
iv)
any structure that does not require a building permit.
9.2
WETLAND ASSESSMENT AREAS
Lands shown within the Wetland Assessment Area Holding Overlay on Schedule
'A' shall be subject to a Holding Provision pursuant to Section 36 of the Planning
Act. No development shall be permitted in a Wetland Assessment Area Holding
zone unless it can be demonstrated to the satisfaction of the Council in
Township of Perry Zoning By-law
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2014-21
July 16, 2014
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June 3, 2016
consultation with the Ministry of Natural Resources that there will be no adverse
effects on the adjacent Provincially Significant Wetland as the result of the
proposed development.
Prior to the Council passing a By-law under Section 36 of the Planning Act to lift
the Hold on the lands, studies shall be completed in accordance with the Township
of Perry Official Plan.
Notwithstanding the provisions above, the Holding Provision shall not apply to the
following:
i)
interior alterations to existing structures;
ii)
exterior alterations that do not expand the footprint of an existing
structure; and,
iii)
any structure that does not require a building permit.
Township of Perry Zoning By-law
65
2014-21
July 16, 2014
Consolidation
June 3, 2016
SECTION 10
HOLDING PROVISIONS AND TEMPORARY USES
10.1
HOLDING PROVISIONS
10.1.1
Unless otherwise provided in this By-law to the contrary, where a Zone symbol is
preceded by, a letter "H" and a number - for example H1M1 - no person shall use
or permit the use of the land to which the letter (H) applies for any use other than
the use which legally existed on the date the By-law applying the Holding provision
came into effect or the use(s) permitted in the By-law enacting the Hold, or expand
or replace an existing building or structure as the case may be, until the Hold (H) is
removed in accordance with the policies of the Official Plan and Section 36 of the
Planning Act, R.S.O. 1990, c.P.13, as amended.
10.1.2
Council may pass a By-law pursuant to Section 36 of the Planning Act, as amended
to remove the Holding (H) Symbol, thereby placing the lands in the zone indicated
by the zone symbol, when all of the applicable requirements have been met. For
the purposes of this By-law, a number of distinct holding provisions have been
applied as set out in Table 4.22, below:
Table 10.A: Holding (H) Provisions
Col. 1
Column 2
Column 3
Column 4
Col. 5
Col.6
Symbol
Application
Property/
Legal
Description
Conditions for
Removal
Date
Enacted
Date
Removed
H1
Lands where a
development
agreement
is
required.
The
Holding
(H1)
provision may be lifted
once Council is satisfied
that
an
appropriate
subdivision agreement
and/or
site
plan
agreement
and/or
development
agreement has been
executed.
Township of Perry Zoning By-law
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2014-21
July 16, 2014
Consolidation
June 3, 2016
10.2
TEMPORARY USES
Where on Schedules to this By-law, a symbol "T", and a number, identify a property
that is subject to a temporary use permission one or more additional but temporary
uses are permitted on the lands noted until the permission granted by the site
specific Temporary Use By-law expires in accordance with the policies of the Official
Plan and Section 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended. Table
10.B, below, identifies the Temporary Use Zones within the Township.
Table 10.B - Temporary Uses
Symbol
Zone
Designation
Property/Legal Description
Temporary Uses
Permitted
Date
Enacted
Expiry Date
T1
R1
Garden suite
2006-27
2016-10-
04
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SECTION 11
DEFINITIONS
1.
ACCESSORY
A use, separate building or structure, which is usually incidental, subordinate,
exclusively devoted to and located on the same lot as the principle use, building or
structure.
2.
ACCOMMODATION UNIT
A unit within a Tourist Establishment or Resort that is available for rent by persons for
recreation, vacation or other purposes and shall include a campsite, hotel room or
suite, motel room or suite or a rental cabin.
3.
ADULT ENTERTAINMENT USE
Any premises or part thereof in which is provided, in pursuance of a trade, calling,
business or occupation, services appealing to or designed to appeal to erotic or sexual
appetites or inclinations, and for purposes of this definition, the following terms and
phrases shall be interpreted as follows:
(a) "To provide", when used in relation to services includes to furnish, perform, solicit,
or give such services and "providing" and "provision" have corresponding
meanings;
(b) "Services" includes activities, facilities, performances, exhibitions, viewings and
encounters, but does not include "goods" including books, clothing, magazines,
pictures, slides, films, phonograph records, prerecorded magnetic tape and any
other reading, viewing or listening matter;
(c) "Services designed to appeal to erotic or sexual appetites or inclinations"
includes:
1. Services of which a principal feature or characteristic is the nudity or partial
nudity of any person, or
2. Services in respect of which the word "nude", "naked", "topless", "bottomless",
"sexy" or any other word or picture, symbol or representation having like
meaning or implication is used in any advertisement.
4.
AGRICULTURAL BUILDING
Any building or structure customarily used in connection with a farm other than a
residence.
5.
AGRICULTURAL USE
Any agricultural use or uses, structures or buildings accessory thereto, including
nursery and horticultural crops; raising of livestock; raising of other animals for food,
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fur or fibre, including poultry and fish' aquaculture; apiaries; agroforestry; maple syrup
production; any other use customarily carried on in the field of general agriculture,
including the sale on the premises, of produce grown or raised on the premises except
specialized agricultural uses as defined herein.
6.
AIRPORT
The use of lands, buildings or structures for the purposes of air transportation services.
7.
ANIMAL SHELTER
Lands and buildings used for the keeping of animals, birds or other livestock and may
include the premises of a veterinary surgeon.
8.
ASSEMBLY HALL
A building, or part of a building, in which facilities are provided for such purposes as
meetings for civic, educational, political, religious or social purposes and may include
a bingo hall, a banquet hall, private club or fraternal organization.
9.
ATTACHED
A building otherwise complete in itself, which depends, for structural support or
complete enclosure, upon a division wall or walls shared in common with adjacent
building or buildings.
10.
ARENA
A building, or part of a building, in which the principle facilities provided are for such
recreational activities as curling, skating, hockey, lacrosse, broomball, or similar
athletic activity, which facilities may include dressing rooms, concession booths for
the provision of food and refreshments to the general public, bleachers, plant
equipment for the making of artificial ice and such other facilities as are normally
considered incidental and subordinate thereto.
11.
ART GALLERY
A building, place or area where paintings, sculptures or other works of art are exhibited
or sold.
12.
AVERAGE GRADE
a)
When used in reference to a wall of a building, the average elevation of the
finished surface of the ground adjoining the base of such wall;
b) When used in reference to a building or structure, the average elevation of the
finished surface of the ground where it meets the exterior face of such building
or structure; exclusive of any wells providing light or ventilation to basement
areas and exclusive of any embankments, planters, or any other such structure
placed or constructed along the base of any wall, building or structure.
13.
BACKLOT
A lot located as a second tier of development adjacent to a lake or river and having
frontage on a roadway that provides access to waterfront properties.
14.
BAKERY
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A food processing building or structure where food products of which flour, grains,
meal or sugar are the principal ingredients are produced, mixed, compounded, baked
or otherwise prepared, but does not include a restaurant.
15.
BALCONY
A raised platform or structure projecting above finished grade from the main building,
not supported by the ground, with or without steps to provide access to the ground.
16.
BARN
A building used for the housing of livestock or agricultural products kept or grown on
the lands on which the building is located.
17.
BANK
An institution where money is deposited, kept, lent, or exchanged.
18.
BANQUET HALL
A building or part thereof, used for the gathering of groups of people for a specific
function including the consumption of food and drink and shall include kitchen
facilities.
19.
BASEMENT
That portion of a building below the first floor and which is partly underground as
defined in the Building Code.
20.
BED AND BREAKFAST
A home occupation within a single detached dwelling wherein not more than three
rooms are rented and meals are served to overnight guests for commercial purposes.
21.
BOARDING, LODGING or ROOMING HOUSE
A dwelling in which lodging with or without meals is supplied for gain to three or more
persons other than the lessee, tenant or owner of said dwelling, or any member of
his/her family, but does not mean or include a motel, hotel, bed and breakfast
establishment, hospital, similar commercial or institutional use or apartment building.
22.
BOATHOUSE
A building used exclusively for the storage of boats and boating equipment. A boat
port is a form of boathouse that is not a fully enclosed building and for the purposes
of this By-law shall be considered a boathouse.
23.
BOAT SLIP
A single parking space for a boat or other marine vessel of not more than 2.75 metre
width and 7.25 metre depth forming part of a dock, boathouse or other mooring
facilities.
24.
BUILDING
A structure consisting of walls, roof and floor or a structural system serving the same
purpose as defined in the Building Code and including carports but does not include
awnings. For the purposes of this By-law a building includes a tent or similar
temporary structure located on a lot for more than 10 consecutive days.
25.
BUILDING SUPPLY AND LUMBER OUTLET
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A building or structure in which building or construction and home improvement
materials are offered or kept for sale at retail and may include the fabrication of certain
materials related to home improvements.
26.
BULK FUEL DEPOT
Lands, buildings and structures for the storage, distribution of fuels and oils but not
including retail sales except key lock operations.
27.
BUNKIE
A single storey accessory building or part of a building which is maintained for the
accommodation of an individual or individuals where sanitary facilities and facilities
for cooking are not provided.
28.
BUSINESS, PROFESSIONAL OFFICE OR ADMINISTRATIVE OFFICE
A building or part of a building in which one or more persons are employed in the
management, direction or conducting of a business or where professionally qualified
persons and their staff serve clients or patients who seek advice, consultation or
treatment and may include the administrative offices of a non-profit or charitable
organization.
29.
CAMPING ESTABLISHMENT
Lands used for the parking and temporary use for at least five (5) campsites occupied
by tents, trailers, motor homes, truck campers and recreational vehicles and accessory
uses and facilities such as administrative offices, sanitary facilities, recreational facilities
and an accessory convenience store.
30.
CAMP SITE
A parcel of land within a camping establishment that is maintained as a site for the
location and temporary occupation of a tent, travel trailer, motor home, recreational
vehicle or truck camper, but not a mobile home.
31.
CAR WASH
An automotive use containing manual or automated facilities for washing or cleaning
vehicles, but does not include any other automotive use defined herein.
32.
CARTAGE OR TRANSPORT DEPOT
A building, structure or place where trucks or tractor trailers are rented, leased, kept
for hire, or stored or parked for remuneration, or from which trucks or transports,
stored or parked on the property, are dispatched for hire as common carriers, and
which may include a bonded or sufferance warehouse.
33.
CELLAR
A portion of a building below the first storey floor which is partly or wholly
underground and which has more than one-half of its height, from finished floor to
finished ceiling or to the underside of the floor joists of the first floor, the average
finished grade level adjacent to the exterior walls of the building and having a floor to
ceiling height of less than 1.8 m. (6.0 ft.) or as otherwise defined in the Building Code.
34.
CEMETERY
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The land that is set apart or used as a place for the internment of the dead or in which
human bodies have been buried.
35.
CHIEF BUILDING OFFICIAL
The official employed by the Township appointed under the Building By-law or
pursuant to the provisions of The Building Code Act, S.O., 1992 c.23, as amended, and
shall include any Inspector likewise employed and appointed.
36.
CLINIC
An establishment used by two or more qualified health practitioners including
physicians, dentists, chiropractors, physiotherapists and their staff for the purposes of
consultation, diagnosis and office treatment.
37.
COMMUNITY CENTRE
Any tract of land or building, or buildings or any part of any buildings used for
community activities whether used for commercial purposes or not, the control of
which is vested in the Municipality, a local board or agent thereof and may include an
auditorium, swimming pool, arena and fitness centre.
38.
COMMUNAL SEWAGE SYSTEM
A sewage works within the meaning of Section 1 of the Ontario Water Resources Act
that serves six or more lots or private residences and is not owned by a municipality.
39.
COMMUNAL WATER SYSTEM
A non-municipal drinking-water system within the meaning of Section 2 of the Safe
Drinking Water Act, 2002 that serves six or more lots or private residences.
40.
CONCRETE BATCHING PLANT
An establishment used for the production of concrete or concrete products used in
building or construction and includes facilities for the administration and
management of the business, the stockpiling of bulk materials used in the production
process or a finished product manufactured on the premises and the storage and
maintenance of required equipment, but does not include the retail sale of finished
concrete products.
41.
CONDOMINIUM ROAD
A right of way within a private condominium development that is owned, maintained
and used by the owners of that condominium development.
42.
CONSERVATION
The preservation, protection and improvement of the components of the natural
environment through a comprehensive management and maintenance program
administered by a public authority for individual or public use.
43.
CONTRACTOR'S YARD
A yard of any general contractor or builder where equipment and materials are stored
or where a contractor performs shop or assembly work but does not include any other
yard or establishment otherwise defined or classified herein.
44.
CONVENIENCE STORE
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A retail commercial establishment, not exceeding 200 square metres of gross floor
area, supplying groceries and other daily household necessities to the surrounding
area, whether or not such store is open for business seven (7) days a week or not.
45.
CORPORATION
The Corporation of the Township of Perry.
46.
COUNCIL
The Council of the Corporation of the Township of Perry
47.
CRISIS CENTRE
Crisis residence shall mean a single housekeeping unit licensed or funded by the
Province of Ontario for the short term (averaging 30 days or less) accommodation of
three to nine persons, exclusive of staff, living under supervision and who, by reason
of either emotional, mental, social or physical condition or legal status, require a group
living arrangement for their well-being.
48.
DAY CARE CENTRE
A building or part thereof duly licensed by the Province of Ontario as a "day nursery"
under the Day Nurseries Act, R.S.O. 1990, Chapter D.2.
49.
DECK
Deck shall mean a structure above the ground cantilevered from a dwelling unit or
supported by the ground and open to the sky, located at least 0.3 m. but not more
than 2.8 m above finished grade.
50.
DOCK
A structure for the mooring of boats, attached to or forming part of the mainland or
used in conjunction with a use on the mainland.
51.
DRIVE THROUGH SERVICE FACILITY
A building or structure or part thereof where goods and/or services are offered to the
public within a parked or stationery vehicle that is in a designated queuing space by
way of a service window, kiosk, or automated machine where goods, money or
materials are exchanged. Kiosks within a parking structure or associated with a surface
parking area are not considered to be drive-through service uses.
52.
DWELLING
A building or part of a building occupied or capable of being occupied, in whole or in
part as the home, residence or sleeping place of one or more persons either
continuously, permanently, temporarily or transiently.
53.
DWELLING, ACCESSORY
A dwelling unit which is usually incidental, subordinate, exclusively devoted to and
located on the same lot as the principle use, building or structure but not including a
building or structure which is used as a dwelling unless specifically permitted.
54.
DWELLING, APARTMENT
A separate building containing three or more dwelling units sharing a common
corridor or stair well.
55.
DWELLING, DUPLEX
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The whole of a two-storey building divided horizontally into two separate dwelling
units, each of which has an independent entrance either directly or through a common
vestibule.
56.
DWELLING, MULTIPLE
A dwelling which contains three or more dwelling units, with or without permitted non
residential uses, and includes any such dwelling wherein furnished dwelling unit
accommodation is provided on a weekly or monthly basis, but does not include a row
dwelling or a townhouse dwelling.
57.
DWELLING ROW
A dwelling which contains three or more dwelling units divided vertically from each
other by common walls, which extend at least one storey above finished grade and
having private independent entrances to each dwelling unit directly from a yard.
58.
DWELLING, SEMI-DETACHED
The whole of a building divided vertically into two separate dwelling units.
59.
DWELLING, SINGLE DETACHED
A detached building containing one dwelling unit only.
60.
DWELLING, TOWNHOUSE
A dwelling unit in a building divided vertically into no less than three nor more than
eight dwelling units attached by common walls extended from the base of the
foundation to the roof line, each dwelling unit having a separate entrance at grade.
61.
DWELLING, TRIPLEX
The whole of a building divided horizontally into three separate dwelling units, each
of which has an independent entrance either directly or through a common vestibule.
62.
DWELLING, QUADRAPLEX
The whole of a dwelling house that is divided vertically or horizontally by common
party walls into four separate dwelling units, each of which has two common party
walls.
63.
DWELLING UNIT
A combination of rooms in which a kitchen, living quarters and sanitary conveniences
are provided for the exclusive use of the residents and with a private entrance from
outside the building or from a common hallway or stairway inside. It may include a
modular home constructed in accordance with the Building Code and C.S.A. A-277
Regulations.
64.
DWELLING UNIT, ACCESSORY
A separate dwelling unit which is contained in a building which was originally designed
as a single family, semi-detached or duplex dwelling and continues to be occupied by
the owner.
65.
EMERGENCY SERVICE FACILITY
Lands and buildings used for the housing of fire, and/or police, and/or emergency
medical services, owned by the Province of Ontario.
66.
ERECT
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To build, construct, reconstruct, alter or relocate including any preliminary physical
operation such as excavating, grading, piling, cribbing, filling or draining, or
structurally altering any existing building or structure by an addition, deletion,
enlargement or extension.
67.
ESTABLISHED BUILDING LINE
The average distance from the road line to existing buildings measured not more than
100 metres on either side of the lot where the frontage has been built upon, as of the
date of passing of this By-law.
68.
EXISTING
Legally existing, being a reality or an actuality as of the date of passing of this By-law.
69.
FARM
Any farming or agricultural use and includes apiaries; aviaries; berry or bush crops;
breeding, raising, training or boarding of horses or cattle; commercial greenhouses;
farms devoted to the hatching, raising and marketing of chickens, turkeys, or other
fowl or game birds, animals, fish or frogs; farms for grazing; flower gardening; field
crops; goat or cattle dairies; growing, raising, picking, treating and storing of maple
syrup, vegetables or fruit produce produced on the premises; nurseries; orchards;
riding stables; the raising of sheep or goats; the raising of swine; tree crops; market
gardening; bee keeping; wood lots; such uses or enterprises as are customarily carried
on in the field of general agriculture not including a specialized farm as defined.
"Farm" includes a single-family dwelling house, and such principle or main buildings
and structure as a barn or silo, as well as accessory buildings and structures which are
incidental to the operation of the farm.
70.
FARM PRODUCE RETAIL OUTLET
The sale of products that have been processed by a farmer, where the products are
primarily from the farmer's agricultural operation. Processed shall mean sawing,
cleaning, treating, grading and packaging to the extent that these activities relate to
products primarily from and are conducted as a part of an agricultural operation.
71.
FINISHED GRADE
The average elevation of the finished surface of the ground at ground level measured
on any side of a building or structure.
72.
FIRST STOREY
The storey with its floor closest to grade and having its ceiling more than 1. 8 metres
above grade or
as defined in the Building Code.
73.
FITNESS CENTRE
A premises in which facilities are provided for recreational or athletic activities such as
body-building and exercise classes and may include associated facilities such as a
sauna, a swimming pool, a solarium, a cafeteria and accessory retail uses.
74.
FLOOR AREA, GROSS
The total floor area, as hereinafter defined, exclusive of any portion of the building or
structure below finished grade measured between the exterior faces of the exterior
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walls which is used for heating, the storage of goods or personal effects, laundry
facilities, recreational areas, the storage or parking of motor vehicles, exclusive of any
private garage, carport, basement, walkout basement, cellar, porch, verandah or
sunroom unless such sunroom is habitable during all seasons of the year.
75.
FLOOR AREA, GROUND
The maximum ground floor area of a building measured by the outside walls,
excluding, in the case of a single detached dwelling, any private garage, carport, porch,
verandah or sunroom (unless such sunroom is habitable at all seasons of the year).
76.
FORESTRY
The management, development and cultivation of timber resources to ensure the
continuous production of wood or wood products, provision of proper environmental
conditions for wildlife, protection against floods and erosion, protection of water
supplies and preservation of the recreation resource and shall include reforestation
areas owned or managed by the Ministry of Natural Resources or local Conservation
Authority.
77.
FUNERAL HOME
A building designed for the purpose of furnishing funeral supplies and services to the
public and includes facilities intended for the preparation of the dead human body for
internment or cremation.
78.
GARAGE, PRIVATE
A detached accessory building or portion of a dwelling house which is designed or
used for the sheltering of a private motor vehicle and storage of household equipment
incidental to the residential occupancy and which is fully enclosed and roofed and
excludes a carport or other open shelter.
79.
GARDEN CENTRE
An establishment engaged in both the propagation and retail sale of garden and
landscaping supplies including, without limiting the generality of the foregoing, trees,
shrubs, flowers, plants, seeds and bulbs, and the retail sale of garden and landscaping
accessories including, without limiting the generality of the foregoing, fertilizers,
weed-killers, pesticides, soil, aggregates, garden tools and lawn furnishings.
80.
GARDEN SUITE
A one unit detached residential structure containing bathroom and kitchen facilities
that is ancillary to an existing residential structure and that is designed to be portable.
81.
GATE HOUSE
A small building or structure located at the entrance of a premises used to provide
shelter of security or parking control persons or equipment and, in the case of an
aggregate or waste disposal use, may include weigh scales.
82.
GAZEBO
A freestanding roofed accessory structure which is not enclosed, except for screening
or glass and which is utilized for the purposes of relaxation in conjunction with a
residential dwelling but shall not include any other use or activity otherwise defined
or classified in this By-law.
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83.
GOLF COURSE
A public or private area operated for the purpose of playing golf, and includes a par
3 golf course, club house and recreational facilities, accessory driving ranges and
miniature golf courses, and similar uses.
84.
GOLF DRIVING RANGE
A public or private area designed, landscaped and used for the practice of golf from
individual tees.
85.
GOVERNMENT OFFICE
A municipal office, courthouse, registry office, health or welfare centre, employment
office, post office, customs office or other use for purposes of government
administration and service, but does not include yards for the storage of equipment.
86.
GROCERY STORE
A retail store that sells food, including produce, baked goods, confectionary, meat,
fish and other eatable products and may include a delicatessen and prepared foods
but does not include other retail sales such as furniture, clothing, appliances or other
retail uses specifically defined in this By-Law.
87.
GROUP HOME TYPE 1
A single housekeeping unit in a residential dwelling in which 3 to 6 unrelated residents
excluding staff or receiving family, live as a family under responsible supervision
consistent with the requirements of its residents and includes a home licensed or
approved under the Provincial Statute as a Special Care Residential Home, Supportive
Housing Program, Adult Community Mental Health Program, Children's Residence,
Accommodation Services for the Developmentally Handicapped, Satellite Residences
for Seniors and Homes for Physically Disabled Seniors, in compliance with municipal
by-laws.
88.
GROUP HOME TYPE 2
A single housekeeping unit in a residential dwelling or dwelling unit within a
commercial building occupied by 4 to 10 unrelated residents excluding staff or
receiving family, which shall be maintained and operated primarily for persons who
have been placed on probation under the provisions of the Probation Act, the Criminal
Code of Canada, or any Act passed to replace the foregoing Act, the Criminal Code of
Canada, or any Act passed to replace the foregoing Acts; persons who have been
released on parole under the provisions of the Ministry of Correctional Services Act,
or Parole Board of Canada or any Act passed to replace the foregoing Acts; persons
who have been charged under the Young Offenders Act but who have been placed in
open or secure custody; persons housed in a group home that satisfies all the
requirements of a Group Home Type 1 except that it accommodates in excess of 6
residents.
89.
HEAVY EQUIPMENT SALES AND RENTAL
A building or part of a building or structure in which heavy machinery and equipment
are offered or kept for sale, rent, lease or hire under agreement for compensation, but
shall not include any other establishment defined or classified in this By-law.
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90.
HEIGHT OF BUILDINGS
The vertical distance, measured between the average natural or finished grade at the
front of the building, whichever is the lesser, and the highest point of the roof.
91.
HIGH WATER MARK SETBACK
The setback will be measured from the normal or controlled high water mark of the
lake or river.
92.
HOME FOR THE AGED
A Home for the Aged as defined by the Home for the Aged Act.
93.
HOME INDUSTRY
Any occupation carried on by the occupant of a dwelling on the lot that involves
processing or manufacturing or producing products conducted entirely within a
building or part of a building accessory to a single detached dwelling house, or a part
of a dwelling unit that includes processing, assembly, manufacturing or a workshop.
94.
HOME OCCUPATION
An occupation or profession related to the provision of services excluding processing,
manufacturing or producing products, carried on by the occupant of a dwelling within
his/her dwelling as an accessory use in connection with which there is no display, no
stock in trade nor commodity sold upon the premises and no outside storage.
95.
HOSPITAL
Any institution, building or other premises or place established for the maintenance,
observation, medical and dental care and supervision and skilled nursing care of
persons afflicted with or suffering from sickness, disease or injury or for the
convalescent or chronically ill persons.
96.
HOTEL
A building or part of a building that contains a general kitchen and dining room and
other public rooms, the remaining rooms of which contain no provision for cooking,
and are usually hired by transients as places of abode; and includes a hostel for men
or women.
97.
HUNT CAMP
Shall mean a building or structure consisting of one or more rooms which is at least
partially furnished and may include facilities for the preparation of food and overnight
accommodation on a temporary basis for use only during the hunting or fishing
seasons but shall not include any other establishments or use as may be defined or
classified in this By-law.
98.
IMPROVED PUBLIC ROAD
A road or highway under the jurisdiction of the Province of Ontario or the Township
or a private road within a registered Plan of Condominium which is maintained so as
to allow normal vehicular access to adjacent properties and which, in the case of a
municipal road is a road which has been constructed to municipal standards.
99.
KENNEL
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An establishment for the keeping, breeding and raising of more than three (3)
domesticated animals for profit or gain, but shall not apply to the keeping of animals
in a veterinary establishment for the purpose of observation and or recovery necessary
to veterinary treatment.
100.
LANDSCAPED OPEN SPACE
The open space from ground to sky at grade on a lot accessible by walking and which
is suitable for the growth and maintenance of grass, flowers, trees, bushes, natural
vegetation and other landscaping and includes any surfaced walk, patio or similar area
but does not include any driveway or ramp, whether surfaced or not, any curb,
retaining wall, parking area or any open space beneath or within any building or
structure.
101.
deleted
102.
LANE
A public thoroughfare which affords access for vehicular traffic to abutting lots and
which is not intended for general traffic circulation and not maintained by the
Township.
103.
LAUNDROMAT
A building or structure where the service or coin-operated laundry machines, using
only water, detergents and additives, are made available to the public for the purpose
of laundry cleaning.
104.
LIGHT EQUIPMENT SALES AND RENTAL ESTABLISHMENT
A building or structure or part of a building or structure and associated lands on which
light machinery and equipment such as air compressors and related tools and
accessories; augers; automotive tools; cleaning equipment; light compaction
equipment; concrete and masonry equipment; electric tools and accessories; fastening
devices such as staplers and tackers; floor and carpet tools; gasoline generators; jacks
and hydraulic equipment; lawn and garden tools; ladders; moving equipment; painting
and decorating equipment; pipe tools and accessories; plumbing tools and
accessories; pumps; hoses; scaffolding; welding equipment; and, other similar tools
and appurtenances are offered or kept for rent, lease or hire under agreement for
compensation, but shall not include any other establishment defined or classified in
this By-law.
105.
LIBRARY
A public library within the meaning of the Public Libraries Act, R.S.O. 1990, c.P.44.
106.
LOADING SPACE
An off-street space on the same lot as the building, or contiguous to a group of
buildings, for the temporary parking of a commercial vehicle while loading or
unloading merchandise or materials, and which abuts upon a street, lane or other
appropriate means of access.
107.
LONG TERM CARE FACILITY
A Premises licensed as a long term care home under the Long-Term Care Homes Act,
2007, S.O. 2007, c.8.
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108.
LOT
A parcel or tract of land described in a deed or other legal document which is legally
capable of conveying title and:
a)
Which is a whole lot within a Registered Plan of Subdivision, or lot within
a Plan of Condominium other than a Registered Plan of Subdivision
which has been deemed not to be a Registered Plan of Subdivision under
a By-law passed pursuant to Section 49 of The Planning Act as amended;
or
b)
Which is a legally separated parcel of land in existence on the date of
passing of this By-law without the owner holding the fee or the equity or
redemption in, or power or right to grant, assign or exercise a power of
appointment with respect to any abutting land; or
c)
The description of which is the same as in a deed which has received final
consent to a conveyance pursuant to Section 49 of The Planning Act, S.O.,
1983, c.1, as amended.
d)
Which is the whole remnant remaining to an owner or owners after a
conveyance is made with final consent pursuant to Section 40 of The
Planning Act, S.O., 1983, c.1, as amended, but for the purpose of this
paragraph no parcel or tract of land ceases to be a lot by reason only of
the fact that a part or parts of it has or have been conveyed to or acquired
by the Township of Perry, Her Majesty in the Right of Ontario or Her
Majesty in the Right of Canada; or,
e)
Which is the subject of an order of The Minister of Municipal Affairs
pursuant to the provisions of Section 56 of The Planning Act., S.O., 1983,
c.1, as amended.
109.
LOT AREA
The total horizontal area within the lot lines of a lot or if an island, the area of land
above the normal high water mark.
110.
LOT, CORNER
A lot situated at the intersection of two or more streets, or at the intersection of a
street and a railway right-of-way, or a lot abutting on one or more parts of the same
street, in which an interior angle of less than one hundred and thirty-five (135) degrees
is contained, between the front and side lot lines abutting by the said street or streets.
111.
LOT COVERAGE
The percent of the lot area covered by buildings or structures excluding parking areas,
driveways, decks and walkways but including structures and buildings constructed
appertaining to the lot.
112.
LOT FRONTAGE
The continuous horizontal distance of the front lot line between the side lot lines
measures at right angles. Where the front lot line is not a straight line, or where the
side lot lines are not parallel, the lot frontage shall be the horizontal distance of a line
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that is 7.5 metres back from and parallel to a continuous straight line, joining the two
points where the side lot lines intersect with the front lot line.
113.
LOT, INTERIOR
A lot other than a corner lot.
114.
LOT LINE
Any boundary of a lot.
115.
LOT LINE, EXTERIOR
The side lot line which abuts the road on a corner lot.
116.
LOT LINE, FRONT
The lot line dividing the lot from a road allowance or a private right-of-way over which
access to the lot is provided, except:
a)
Where a lot abuts a municipally maintained road and a navigable
waterway, the lot line abutting the navigable waterway shall be deemed
the front lot line.
b)
In the case of a corner lot or through lot, the shorter lot line that abuts a
street shall be deemed to be the front lot line and the longer lot line that
abuts a road or shall be deemed an exterior side lot line, but,
c)
In the case of a corner lot or through lot with two lot lines of equal length
abutting roads, the lot line that abuts the wider street shall be deemed
to be the front lot line, but where the roads are of equal width, the lot
line which abuts a Provincial Highway shall be deemed to be the front lot
line, and in the case of both roads being under the same jurisdiction and
of the same width, the owner of the lot may designate which road line
shall be the front lot line.
d) In the case where a lot abuts only a road cul-de-sac, all of the frontage
on the road cul-de-sac shall be deemed to be the front lot line.
117.
LOT LINE, REAR
The lot line farthest from or opposite to the front lot line. Where a lot has only three
lot lines the rear lot line shall be the point of intersection between the side lot line
furthest from the front lot line
118.
LOT LINE, SIDE
A lot line other than a front or rear lot line.
119.
LOT, THROUGH
A lot bounded on opposite sides by streets.
120.
LOW WATER INDUSTRIAL USE
Use which generates less than 50,000 litres of sewage effluent per day.
121.
MANUFACTURING
The assembly or repair or fabrication of goods and materials utilizing materials that
have been manufactured, created or processed in another location.
122.
MANUFACTURING, LIGHT
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The assembly or repair or fabrication of goods and materials utilizing materials which
have been manufactured, created or processed in another location and which does
not produce waste water in excess of 4500 litres per day, chemical by-products or
utilize and area for outside storage of goods or materials except for equipment or
vehicles which are for sale, lease or hire.
123.
MARINA
A commercial establishment or premises, containing docking facilities or mooring
facilities where boats or boat accessories are berthed, stored, serviced, repaired,
constructed or kept for sale or rent and where facilities for the sale of marine fuels or
lubricants, accessory retail sales and a taxi and/or barging service are provided and
where waste water pumping facilities may be provided.
124.
MARINE FACILITY
An accessory building or structure which is used to take boats into or out of a
navigable waterway, or to moor boats. This definition includes a launching ramp, boat
lift, or dock but does not include any building used for human habitation.
125.
MEDICAL CLINIC
A building or part thereof used in the professional practice of not more than three
doctors, dentists or drugless practitioners for the purpose of consultation, diagnosis
or treatment but shall not include a pharmacy or laboratory accessory to the clinic.
126.
MINERAL AGGREGATE EXTRACTION
a) an operation, other than a wayside pit, conducted under a licence or permit under
the Aggregate Resources Act, and
b) associated facilities used in the extraction, transportation, beneficiation,
processing or recycling of mineral aggregate or the production of related by-
products.
127.
MINIATURE GOLF
An area of land designed, landscaped and used for facilities which simulate the game
of golf, or any aspect of the game, on a small scale.
128.
MOBILE HOME
Any dwelling that is designed to be mobile, and constructed or manufactured to
provide a permanent residence for one or more persons in accordance with CSA Z240
but does not include a travel trailer or tent trailer or trailer otherwise designed.
129.
MOBILE HOME SITE
A parcel of land within a mobile home park which is serviced and used for the exclusive
purposes of one mobile home.
130.
MOBILE HOME PARK
A lot under single management for the placement of three or more mobile homes.
131.
MODULAR HOME
Any dwelling that is designed in more than one unit and is designed to be made
mobile on a temporary basis, and constructed or manufactured to provide a
permanent residence for one or more persons, but does not include a mobile home,
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recreational travel trailer or recreational motor vehicle as defined herein. A modular
home shall meet C.S.A. A-277 standards.
132.
MOTEL
A structure containing a series of living or sleeping units with individual interior
sanitary conveniences, including motor courts or tourist courts. All required parking
is at grade and direct access is available from the parking area to the individual units.
133.
MOTOR HOME means a non-commercial vehicle used primarily for recreational or
vacation purposes and capable of being used for the temporary vacation living
accommodation of one or more persons including any self propelled vehicle, bus or
trailer attached to a vehicle.
134.
MOTOR VEHICLE
A motor vehicle within the meaning of the Highway Traffic Act, R.S.O. 1990, c.H.8.
135.
MOTOR VEHICLE, COMMERCIAL
Any commercial motor vehicle within the meaning of The Highway Traffic Act, as
amended
136.
MOTOR VEHICLE BODY SHOP
A building or structure used for the painting or repairing of motor vehicle bodies,
exterior and undercarriage, and in conjunction with which there may be towing service
and motor vehicle rentals for customers while the motor vehicle is under repair, but
shall not include any other establishment otherwise defined or classified in this By-
law.
137.
MOTOR VEHICLE DEALERSHIP
A building or structure where a franchised dealer displays motor vehicles for sale or
rent and in conjunction with which there may be used motor vehicle sales or rentals,
a motor vehicle repair garage, a motor vehicle service station, a motor vehicle gasoline
bar or a motor vehicle body shop, but shall not include any other establishment
otherwise defined or classified in this By-law.
138.
MOTOR VEHICLE FUEL BAR
One or more pump islands, each consisting of one or more motor vehicle fuel pumps,
and a shelter, which shall include the sale of oils, antifreeze, gasoline additives,
propane, natural gas and small accessories required for the operation of motor
vehicles, boats and snowmobiles and shall not be used for repairs, oil changes or
greasing.
139.
MOTOR VEHICLE REPAIR GARAGE
A building or structure where the exclusive service performed or executed on motor
vehicles for compensation shall include the installation of exhaust systems, repair of
the electrical systems, transmission repair, brake repair, radiator repair, tire repair and
installation, rustproofing, motor vehicle diagnostic centre, major and minor
mechanical repairs or similar use and in conjunction with which there may be a towing
service, a motor vehicle service station and motor vehicle rentals for the convenience
of the customer while the motor vehicle is being repaired, but shall not include any
other use or activity otherwise defined or classified in this By-law.
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140.
MOTOR VEHICLE SERVICE STATION
A building or structure where gasoline, propane, natural gas, oil, grease, antifreeze,
tires, tubes, tire accessories, electric light bulbs, sparkplugs, batteries and automotive
accessories for motor vehicles and new retail goods are stored or kept for sale to the
general public, or where motor vehicles may be oiled, greased or washed, or have
their ignition adjusted, tires inflated or batteries charged, and where mechanical or
running repairs essential to the actual operation of motor vehicles are executed or
performed. Such shall require public washrooms.
141.
MUNICIPAL OR PROVINCIAL MAINTENANCE AND/OR STORAGE YARD
Any land, building and/or structure owned by the Corporation of the Township of
Perry, Public Utilities Commission or the Province of Ontario and used for the storage,
maintenance and/or repair of material, equipment, machinery and/or motor vehicle
used in connection with civic works.
142.
MUSEUM
An institution that is established for the purpose of acquiring, conserving, studying,
interpreting, assembling and exhibiting to the public for its instruction and enjoyment,
a collection of artifacts of historical interest.
143.
NON-COMPLYING
A lot, building or structure that does not fulfill the requirements of the zone provisions
for the zone in which the lot, building, structure is located.
144.
NON-CONFORMING
An existing use or activity of any land, building or structure which does not conform
with the permitted uses or activities, of this By-law for the Zone in which such existing
land, building or structure is located, so long as it continues to be used for that
purpose.
145.
NURSERY OR GREENHOUSE, COMMERCIAL
A building or structure, and lands associated therewith, for the growing of flowers,
fruits, vegetables, plants, shrubs, trees or similar vegetation together with gardening
tools and implements which are sold at retail from such building or lot to the general
public.
146.
NURSING HOME
Any premises maintained and operated for persons requiring nursing care, and which
is licensed under The Nursing Homes Act, as amended.
147.
OUTSIDE STORAGE
Any placement of goods or materials outside of a building or structure on a lot.
148.
PARK, PRIVATE RECREATIONAL
An open space or recreational area, other than a public park, operated on a
commercial and/or private member basis, and which includes one or more of the
following facilities or activities:
a) Areas for walking, riding and cross-country skiing, snowmobiling, but does not
include the racing of animals, motor vehicles, motor cycles or snowmobiles;
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b) Accessory recreational or playground areas such as picnic areas, tennis courts, lawn
bowling greens, outdoor skating rinks, athletic fields;
c) An accessory club house or storage building, and;
d) Parking lots accessory to the foregoing.
149.
PARK, PUBLIC
Any open space or recreational area, owned or controlled by the Corporation or by
any Board, Commission or other Authority established under any statute of the
Province of Ontario and may include therein neighbourhood, community, regional and
special parks or areas and may include one or more athletic fields, field houses,
community centres, bleachers, swimming pools, greenhouses, botanical gardens,
zoological gardens, bandstands, skating rinks, tennis courts, bowling greens, bathing
stations, curling rinks, refreshment rooms, fair grounds, arenas, or similar uses.
150.
PARKING AREA
An area or areas of land or a building or part thereof which is provided and maintained
upon the same lot or lots upon which the principle use is located for the purpose of
storing motor vehicles.
151.
PARKING LOT
A parking area forming the principle use of a lot.
152.
PARKING SPACE
An area of a lot exclusively dedicated to the parking or storage of motor vehicles.
153.
PARKING STRUCTURE
A building or structure above or below finished grade which contains a parking area
as the main use thereof.
154.
PATIO
A platform or surfaced area without a roof, the surface of which is not more than 0.3
metres above finished grade, which is designed and intended for use as an accessory
to a dwelling or a commercial use.
155.
PAVILION
A completely enclosed structure having a roof supported on piers, for the purpose of
shelter from the elements during such activities as picnics.
156.
PERSON
Any human being, association, firm, partnership, incorporated company, corporation,
agent or trustee, and the heirs, executor or other legal representatives of a person to
whom the context can apply according to law.
157.
PERSONAL SERVICES SHOP
A building or part thereof wherein a personal service is performed, including, but not
necessarily restricted to, a barber shop, a beauty salon, a shoe repair shop, a tailor or
dressmaking shop, a dry cleaning depot, a laundromat, a photographic, music or
studio or the premises of an optician or registered massage therapist, but does not
include any other uses defined herein.
158.
PHARMACY
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A building or part thereof where drugs are prepared and dispensed, but shall not
include a drug store or retail store.
159.
PIT
A place where unconsolidated gravel, stone, sand, earth, clay, fill, peat or other
material is being or has been removed by means of an excavation to supply materials
for construction, industrial or manufacturing purposes, but does not include a wayside
pit.
160.
PLACE OF WORSHIP
Church, chapel, temple, parish hall or synagogue including offices for the
administration of the religious institution, convents, seminaries, monasteries, rectories,
parsonages and parish houses.
161.
PLACE OF ENTERTAINMENT
A motion picture or other theatre, auditorium, public hall, billiard hall, bowling alley,
ice or roller skating rink, dance hall or music hall, but for the purposes of this By-law
does not include any other use or activity otherwise defined or classified in this By-
Law.
162.
PLANTING STRIP
An open space free of buildings and structures that is used for the growing and
maintenance of an un-pierced row of shrubs, trees or other natural vegetation having
a minimum height of 1.5 metres.
163.
PORTABLE PROCESSING PLANT
Any equipment for the crushing, screening or washing of sand and gravel aggregate
materials, but not including a concrete batching plant or an asphalt plant, which
equipment is capable of being readily drawn or readily propelled by a motor vehicle
and which equipment is not considered permanently affixed to the site.
164.
PORTABLE SAWMILL
A building, structure or trailer:
a) where timber is cut or sawed, either to finished lumber or as an intermediary step.
b) which is not of permanent construction, but which is designed to be dismantled
at the completion of the construction project.
165.
PUBLIC UTILITY
a) Any agency, corporation, board or commission, or any department of a public
agency or their agents providing electricity, gas, steam, water, telegraph,
telephone, cable television, transportation, drainage or sewage or refuse collection
and disposal services to the general public, and includes, without limiting the
generality of the foregoing, any railway company subject to the Railway Safety Act,
R.S.C. 1985, c.32 (4th Suppl.), as amended; or,
b) Any use, other than an office, pertaining directly to the provision of such services
by any such agency, corporation, board, commission or department, and includes,
without limiting the generality of the foregoing, any public works yard or
automotive use associated therewith.
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Any Federal, Provincial, District or Municipal agencies, and includes any commission,
board, authority or department established by such agency and shall include Ontario
Hydro, and Bell Canada.
166.
PRINCIPLE OR MAIN BUILDING
Any building which is carried on the principle purpose for which the building lot is
used and shall include a barn or silo used in conjunction with a farm.
167.
PRINTING/PUBLISHING ESTABLISHMENT
A building or part of a building in which the business of producing books, newspapers
or periodicals, by mechanical means and reproducing techniques, such as Xeroxing, is
carried on, and may include the sale of newspapers, books, magazines, periodicals or
like, to the general public.
168.
PRIVATE CLUB
A non-profit, non-commercial organization, which carries on social, cultural, athletic
and/or recreational activities.
169.
PRIVATE HOME DAYCARE
The provision of temporary care and custody to not more than five children under the
age of ten years old, for reward or compensation in a dwelling unit for a continuous
period not exceeding twenty-four hours in accordance with the Day Nurseries Act RSO
1990 as amended from time to time.
170.
PRIVATE ROAD
A private right-of-way over private property or Crown Land which affords access to
abutting lots and is not maintained by a public body.
171.
PROVINCIAL HIGHWAY
A public improved road under the jurisdiction of the Ministry of Transportation.
172.
PUBLIC AUTHORITY
Any agency, corporation, board or commission, or any department of a public agency
providing electricity, gas, steam, water, telegraph, telephone, cable television,
transportation, drainage or sewage or refuse collection and disposal services to the
general public, and includes, without limiting the generality of the foregoing, any
railway company subject to the Railway Safety Act, R.S.C. 1985, c.32 (4th Suppl.), as
amended; or,
Any use, other than an office, pertaining directly to the provision of such services by
any such agency, corporation, board, commission or department, and includes,
without limiting the generality of the foregoing, any public works yard or automotive
use associated therewith.
173.
PUMPHOUSE
An accessory building not exceeding 2.0 square metres (21 square feet) in area for
housing equipment used for sewage and water systems.
174.
QUARRY
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A place where consolidated rock has been or is being removed by means of an open
excavation to supply material for construction, industrial or manufacturing purposes,
but does not include a wayside quarry or open pit metal mine.
175.
QUEUING SPACE
A space within a queuing lane used exclusively for the staging of vehicles utilizing a
drive through service facility.
176.
RECREATIONAL ESTABLISHMENT
Premises where entertainment is offered for gain or profit such as a motion picture or
other theatre, public hall, billiard or pool rooms, an establishment offering three or
more electronic games for public use, bowling alley, ice or roller skating rink, miniature
golf course and all other similar places of amusement.
177.
RECREATIONAL TRAIL
A linear area of land set aside for public use in a built or natural setting to promote
recreational activities.
178.
RENTAL CABIN
A dwelling unit or sleeping cabin within a Tourist Establishment that is used for
commercial accommodation.
179.
RENTAL COTTAGE
A dwelling unit that is rented to users other than the owner or owner's immediate
family for compensation and periods of time not exceeding 30 days and not forming
part of a Tourist Establishment or Resort.
180.
RESEARCH ESTABLISHMENT
A place which is used for scientific research, tests or investigations, data collection and
manipulation or technical development of information, products or devices for
scientific application.
181.
RESORT
A tourist establishment that provides accommodation throughout all or part of the
year and that has facilities for serving meals and furnishes equipment, supplies or
services to persons in connection with angling, hunting, camping or recreational
purposes and may include a Liquor Licensed Premises and accommodation facilities
for staff.
182.
RESOURCE MANAGEMENT
The preservation, protection and improvement of the natural environment through
comprehensive management and maintenance for both the individual and society's
use, both in the present and the future. Resource Management Uses also means the
management, development and cultivation of timber resources to ensure the
continuous production of wood or wood products, the provision of proper
environmental conditions for wildlife, the protection against floods and erosion, the
protection and production of water supplies and the preservation of the recreational
resource.
183.
RESTAURANT
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A building or part of a building where food is offered for sale or sold to the public
primarily for immediate consumption.
184.
RESTAURANT, DRIVE IN
A restaurant where food is ordered from and delivered to customers while parked in
automobiles on the property and does not include a drive-through restaurant.
185.
RESTAURANT, TAKE-OUT
A place where food and drinks are prepared and offered for sale to the public but
does not necessarily provide facilities for consumption thereof on the premises other
than in parking areas
186.
RETAIL STORE
A building where goods, wares, merchandise, substances or articles, are offered or
kept for sale or rent at retail and includes storage on or about the store premises of
limited quantities of such goods, wares, merchandise, substances, or articles sufficient
only to service such stores but does not include any retail outlet otherwise classified
or defined in this By-law.
187.
RETIREMENT HOME
A premises that provides guest rooms primarily designed for retired persons or
residents thereof who require nursing and or homecare where each private bedroom
or living unit has a separate private bathroom and separate entrance from a common
hall but where common facilities for the preparation and consumption of food are
provided, and where common lounges, recreation rooms and medical care facilities
may also be provided.
188.
RIDING SCHOOL OR BOARDING STABLE
An area of land which is used as an educational centre for horse training, handling,
care, or for the lodging of horses.
189.
SALVAGE YARD
A place where motor vehicles are wrecked or disassembled and resold; a place where
second-hand goods, including waste paper, bottles, automobile tires, clothing, other
scrap materials and salvage are collected to be sorted and a place where used lumber
and used building materials are stored for sale or resale.
190.
SAUNA
An accessory building wherein facilities are provided for the purpose of a steam bath
and may include a change room, the maximum ground floor area of which shall not
exceed 10 metres square (108 square feet).
191.
SAW OR PLANING MILL
Any land, building or structure where timber is cut or milled and temporarily stored as
finished or unfinished lumber.
192.
SCHOOL
A public school, a separate school, a university, a community college or a private
school authorized by the Province of Ontario.
193.
SCHOOL, COMMERCIAL
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A school conducted for gain of profit such as a studio of dancing, art school, music
school, drama school, school of calisthenics, business or trade school, training centre
or any other specialized school but shall not include a school as defined in this By-law
or a private academic, religious, or philanthropic school.
194.
SERVICE SHOP
A building or part of a building, not otherwise defined or classified in this By-law, for
the servicing or repairing of articles, goods or materials, as well as facilities for
accessory retail sales.
195.
SERVICE SHOP, PERSONAL
A building or part of a building in which persons are employed in furnishing services
and otherwise administering to individual and personal needs of patrons such as
barber shops, beauty parlours, dry cleaning outlets, hair dressing shops, photograph
studio and shoe repair shops.
196.
SETBACK
The horizontal distance from a defined physical feature measured at right angles to
such feature to the nearest part of any use, building or structure on the lot.
197.
SEWAGE
The waste water and matter from any uses.
198.
SEWAGE LAGOON
Lands licensed by the Ministry of the Environment for the holding treatment of sewage
effluent and waste water.
199.
SEWAGE SYSTEM
A structure used to collect, store, treat and dispose of sewage excluding municipal
sewage services.
200.
SHIPPING CONTAINER
A structure originally manufactured for shipping goods by rail, ship or truck and, for
the purposes of this By-law shall include a transport trailer.
201.
SHOPPING CENTRE
A group of three or more commercial uses, which have been designed, developed and
managed as a unit by a single owner or tenant, or a group of owners or tenants,
utilizing common parking areas and access points as distinguished from a business
area comprising unrelated individual uses.
202.
SHORELINE
Any lot line or part thereof which abuts the high water mark of a navigable waterbody.
203.
SLEEPING CABIN or BUNKIE
A single storey accessory building or part of a building which is maintained for the
accommodation of an individual or individuals where sanitary facilities and facilities
for cooking are not provided.
204.
STORAGE FACILITY
A place where, for a fee, articles, goods or materials are stored, but does not include
a Warehouse.
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205.
STOREY
A storey is that part of a building between the surface of one floor and the ceiling
above. However, a cellar does not count as a storey.
206.
STREET LINE
The limit of the street or road allowance and is the dividing line between a lot and
street or road.
207.
STRUCTURE
Anything man-made that is fastened to or into the earth or another structure or rests
on the earth by its own mass or is attached to a building, including a satellite receiving
dish, septic system, heat pump, pool pump or air conditioner.
208.
SWIMMING POOL
A structure which is located on or in or above the ground, or within a building, and
which is capable of containing an artificial body of water for swimming, wading, diving
or recreational bathing with a water depth of 0.6 m or more at its deepest point.
209.
TAVERN
A tavern or public house as defined by The Liquor Licence Act, but does not include a
hotel or restaurant.
210.
TENT
Any kind of temporary shelter that is not permanently affixed to the site and that is
capable of being easily moved and is not considered a structure.
211.
TOURIST ESTABLISHMENT
Any premises operated to provide sleeping accommodation for the travelling public
or sleeping accommodation for the use of the public engaging in recreational
activities, and includes the services and facilities in connection with which sleeping
accommodation is provided, but does not include:
a) A camp operated by a charitable corporation approved under The Charitable
Institutions Act, as amended;
b) A summer camp within the meaning of the regulations made under The Health
Protection and Promotion Act, as amended;
c) A club owned by its own members and operated without profit or gain; or
d) A tent and trailer park.
212.
TOURIST INFORMATION CENTRE
An office used to provide information and assistance to the tourist or vacationing
public, and may include an accessory retail store within the same building.
213.
TOWNSHIP
The Corporation of the Township of Perry
214.
TRAILER
A vehicle that is at any time drawn upon a highway by a motor vehicle, another motor
vehicle or any device or apparatus not designed to transport persons or property,
temporarily drawn, propelled or moved upon such highway, and except a side car
attached to a motorcycle, and shall be considered a separate vehicle and not part of
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the motor vehicle by which it is drawn and, for the purposes of this By-law, does not
include a mobile home.
215.
TRAILER, TRAVEL OR TENT
Any trailer which is designed to be temporarily utilized for living, shelter and sleeping
accommodation, with or without cooking facilities and which has running gear and
towing equipment permanently attached and a current licence and is not permanently
affixed to the ground.
216.
TRUCK TRANSPORT TERMINAL
Any premises where commercial vehicles are kept for hire, rental or lease, or are stored
or parked for remuneration, or from which commercial vehicles are dispatched for hire
as common carriers.
217.
USE
a) Any purpose for which a building or other structure or a parcel of land may be
designed, arranged, intended, maintained, or occupied; or,
b) Any activity, occupation, business or operation carried on, or intended to be
carried on, in a building or other structure or on a parcel of land.
218.
VEGETATIVE BUFFER
A natural area, adjacent to a shoreline, maintained or re-established in its natural
predevelopment state, with the exception of minimal pruning of vegetation and the
removal of trees for safety reasons, for the purpose of protecting natural habitat and
water quality and minimizing the visual impact of buildings or structures on a lot.
Where the natural shoreline of a property is a natural beach or is a rock outcropping
with little or no soil, such shall be deemed to comply. Where the vegetation protection
zone is required to be re-established, natural self-sustaining vegetation shall be
utilized.
219.
VEHICLE, RECREATIONAL
A vehicle designed to provide temporary living accommodation but does not include
a mobile home, travel trailer or other vehicle defined herein.
220.
VESSEL
A craft designed to float on the water including a boat, a barge or a ship.
221.
VETERINARY CLINIC
A building or part of a building in which facilities are provided for the prevention, cure
and alleviation of disease and injury to animals and in conjunction with which there
may be facilities provided for the sheltering of animals during the treatment period.
222.
WAREHOUSE
A building or part of a building used for the storage and distribution of goods, wares,
merchandise, substances or articles and may include facilities for a wholesale or retail
commercial outlet, provided that they do not exceed 10 per cent of the gross floor
area, but shall not include a truck or transport terminal or yard.
223.
WASTE DISPOSAL AREA
Township of Perry Zoning By-law
92
2014-21
July 16, 2014
Consolidation
June 3, 2016
A land fill site where garbage, refuse, domestic or industrial waste, exclusive of liquid
industrial waste, is disposed of or dumped.
224.
WATERCOURSE
A waterbody or the natural channel for a perennial or intermittent stream of water
including a river or stream.
225.
WATER SERVICES, MUNICIPAL
Any works by a public authority for the treatment, storage, supply or distribution of
water.
226.
WAYSIDE PIT
A temporary pit opened and used by a public road authority solely for the purpose of
a particular project or contract of road construction and not located on the road right-
of-way.
227.
WHOLESALE ESTABLISHMENT
The use of land or the occupancy of a building or structure, for the purpose of selling
or offering for sale goods, wares or merchandise on a wholesale basis and includes
the storage or warehousing of those goods, wares or merchandise.
228.
WORKSHOP
A building or structure where manufacturing is performed by tradesmen requiring
manual or mechanical skills and may include a carpenter's shop, a locksmith's shop, a
gunsmith's shop, a plumbing and electrical contractor's or a heating /air conditioning
contractor's shop, a commercial welder's shop, or similar uses.
229.
YARD
Any open unoccupied space appurtenant to a building measured from the closest
supporting structure of the building to the lot line.
230.
YARD, EXTERIOR SIDE
A side yard immediately adjacent to an exterior lot line.
231.
YARD, FRONT
A yard extending across the full width of the lot between the front lot line and the
nearest wall of any building or structure on the lot for which the yard is required. On
islands where there is only one lot, all yards shall be considered as the front yard.
232.
YARD, REAR
A yard extending across the full width of the lot between the rear lot line and the
nearest wall of any building on the lot for which the yard is required.
233.
YARD, REAR DEPTH
The least horizontal distance between the rear lot line of the lot and the nearest part
of any building or structure on the lot, or the nearest open storage use on the lot, or
the edge or rim of an excavation on the lot.
234.
YARD, REQUIRED
The minimum yard required by the provisions of the By-law.
235.
YARD, SIDE
Township of Perry Zoning By-law
93
2014-21
July 16, 2014
Consolidation
June 3, 2016
A yard extending from the front yard to the rear yard between the side lot line and
the nearest wall of any building on the lot for which the yard is required.
236.
YARD, SIDE EXTERIOR
A side yard immediately adjoining a public street.
237.
YARD, SIDE INTERIOR
A side yard other than an exterior side yard.
238.
YARD, SIDE, WIDTH
The least horizontal distance between the side lot line of the lot and the nearest part
of any building or structure on the lot, or the nearest open storage use on the lot, or
edge or rim or excavation on the lot.
239.
ZONE
The category of use or activity of land, buildings, structures or activities permitted by
this By-law.
240.
ZONE PROVISIONS
The permissible uses, the minimum area and dimensions of lots, the minimum
dimensions of yards, the maximum lot coverage, the minimum setback, gross floor
area, the minimum landscaped open space, the maximum height of buildings,
minimum parking requirements, and all other Zone provisions are set out within the
By-law for the respective Zones.
Township of Perry Zoning By-law
94
2014-21
July 16, 2014
Consolidation
June 3, 2016
SECTION 12
ENACTMENT
12.1
FORCE AND EFFECT
This By-law shall come into force and effect on the date it is passed by the Council
of the Corporation of the Township of Perry subject to the applicable provisions of
The Planning Act, R.S.O., 1990, c.Pl3., as amended.
12.2
READINGS BY COUNCIL
THIS BY-LAW READ A FIRST AND SECOND TIME THIS 16TH DAY OF JULY, 2014
Originally Signed
___________________________________________
John Dunn, Mayor
Originally Signed
___________________________________________
Beth Morton, Clerk/Administrator
THIS BY-LAW READ A THIRD TIME AND PASSED THIS 16TH DAY OF JULY, 2014
Originally Signed
___________________________________________
John Dunn, Mayor
Originally Signed
___________________________________________
Beth Morton, Clerk/Administrator
12.3
CERTIFICATION
I hereby certify that the foregoing is a true copy of Zoning By-law No. 2014-21 as
enacted by the Council of the Corporation of the Township of Perry, on the 16th
day of July 2014
Originally Signed
___________________________________________
Beth Morton, Clerk/Administrator
CON I
CON II
CON III
CON IV
CON V
CON VI
CON VII
CON VIII
CON IX
CON X
CON XI
CON XII
CON XIII
CON XIV
LOT 35
LOT 34
LOT 33
LOT 32
LOT 31
LOT 30
LOT 29
LOT 28
LOT 27
LOT 26
LOT 25
LOT 24
LOT 23
LOT 22
LOT 21
LOT 20
LOT 19
LOT 18
LOT 17
LOT 16
LOT 15
LOT 14
LOT 13
LOT 12
LOT 11
LOT 10
LOT 9
LOT 8
LOT 7
LOT 6
LOT 5
LOT 4
LOT 3
LOT 2
LOT 1
CON I
CON II
CON III
CON IV
CON V
CON VI
CON VII
CON VIII
CON IX
CON X
CON XI
CON XII
CON XIII
CON XIV
LOT 35
LOT 34
LOT 33
LOT 32
LOT 31
LOT 30
LOT 29
LOT 28
LOT 27
LOT 26
LOT 25
LOT 24
LOT 23
LOT 22
LOT 21
LOT 20
LOT 19
LOT 18
LOT 17
LOT 16
LOT 15
LOT 14
LOT 13
LOT 12
LOT 11
LOT 10
LOT 9
LOT 8
LOT 7
LOT 6
LOT 5
LOT 4
LOT 3
LOT 2
LOT 1
FERN GLEN RD
FERN GLEN RD
LOCKE RD
APPLEYARD'S RD
BRUSH'S RD
STATION RD
RATTRAY'S RD
S
AV
A
G
E
S
ET
T
LEMENT
R
D
FERN GLEN RD
D
E
E
R
L
AKE RD
WHITNEY RD
STAR LAKE RD
DEER LAKE RD
BEVAN RD
LONG LAKE RD
BAY LAKE RD
SUPER SIGN RD
KEARNEY RD
EXPRESSWAY RD
MASON'S RD
SAVAGE SETTLEMENT RD
R
O
CH
ES
T
ER
L
A
K
E
RD
BIRCHDALE RD
CHERRY HILL RD
OLD NOVAR RD
BOUNDARY RD
SO HO MISH RD
23
518 W
()
11
MASON'S RD
LONG LAKE RD
WHITNEY RD
()
11
23
518 E
23
592
23
592
23
592
()
11
FI
S
H L
AKE
RD
BEVAN RD
CHERRY HILL RD
23
518
TOWN OF
KEARNEY
HALLS RD
BA
Y
L
A
KE RD
N BAY LAKE RD
FOOTE
L
AKE RD
BAY
LAKE
CLEAR
LAKE
FISH LAKE
FOOTE
LAKE
PERRY
LAKE
STAR
LAKE
DOE
LAKE
LANGFORD
(LONG) LAKE
EMSDALE
LAKE
DEER LAKE
HOG
LAKE
ROCHESTER
LAKE
TROUT LAKE
BROCK
LAKE
WOODROW
LAKE
COMPASS
LAKE
BEVAN
LAKE
BITTERN
LAKE
MIRAGE
LAKE
MAGNETAWAN RIVER
MAGNETAWAN RIVER
MAGNETAWAN RIVER
EP
SR
EP
LSR
EP
EP
CT
RR
EP
RR
SBR
SBR
SBR
OS
OS
EP
CA
OS
LSR
RR
EP
EP
CT
RR
RR
EP
RR
RR
EP
M3P
EP
OS
SBR
EP
LSR
EP
M3P
OS
SBR
SBR
RR
LSR
RR
EP
LSR
EP
RR
M1
EP
EP
EP
EP
CT
RR
EP
SR
SBR
EP
EP
EP
SR
RR
EP
SBR
EP
M3P
EP
EP
RR
SR
OS
RR
M5-2
M3Q
EP
RR
SR
EP
LSR
SBR
RR
RR
M3P
EP
EP
SBR
EP
EP
M1
CT
EP
EP
EP
EP
LSR
LSR
SR
SBR
EP
CTP
LSR
EP
RR
RR
SBR
SBR
EP
SR
LSR
M3P
SR
RR
RR
RR
SR
EP
SBR
EP
EP
RR
RR
RR
RR
EP
RR
RR
SBR
EP
EP
M3P
RR
EP
RR
RR
SR
EP
EP
OS
EP
SBR
RR
LSR
M1
EP
RR
SR
EP
EP
M5-4
M5-4
CT
EP
M5-3
EP
CTP
RR
RR
SR
EP
SR
SBR
EP
SR
SR
RR
SR
LSR-1
EP
SBR
RR
EP
SR
LSR
RR
RR
LSR
EP
EP
RR
SBR
EP
EP
EP
RR
EP
EP
EP
RR
EP
EP
RU-1
LSR
EP
EP
EP
EP
EP
RR
M3P
EP
SR
EP
EP
RR
EP
SBR
EP
EP
EP
EP
M3P
EP
EP
EP
M2
CT
EP
EP
OS
SBR
EP
SR
EP
RR
SR
SBR
I
EP
EP
EP
CTP
EP
SR
EP
EP
EP
EP
EP
EP
RR
R3
EP
LSR
EP
M2
M2
RR
EP
EP
M1
RC
EP
EP
RR
RR
RR
SR
M2
EP
EP
SBR
RR
M5-1
EP
M2
I
EP
EP
EP
LSR
M3P
SBR
EP
LSR
M2
EP
M1
EP
EP
EP
EP
CTP
EP
CTP
RR
EP
RR
EP
EP
EP
EP
EP
EP
EP
RR
EP
RR
EP
RR
EP
RR
SBR
LSR
I
EP
R3
EP
EP
RR
OS
SR
EP
RR
EP
EP
EP
EP
EP
EP
EP
EP
EP
EP
EP
EP
EP
EP
EP
M5
EP
RR
EP
EP
LSR
EP
R1
EP
RR
EP
EP
EP
EP
M1
RR
LSR
LSR
RR
LSR
EP
EP
CG
R3
RR
EP
OS
EP
SBR
EP
EP
RR
EP
EP
EP
M1
RR
RR
RR
EP
LSR
EP
EP
RR
EP
RR
RR
RR
CT
LSR
LSR
LSR
EP
EP
RR
CT
EP
EP
EP
RR
EP
EP
EP
CT
EP
EP
EP
EP
EP
LSR
EP
EP
RR
EP
EP
EP
EP
EP
RR
EP
EP
R1
EP
EP
EP
EP
EP
EP
EP
EP
EP
EP
EP
EP
RR
EP
EP
EP
LSR
EP
EP
RR
RR
EP
EP
LSR
EP
EP
LSR
EP
LSR
EP
EP
LSR
EP
EP
EP
EP
EP
EP
EP
CG
EP
EP
EP
EP
EP
EP
EP
EP
LSR
EP
EP
LSR
EP
EP
EP
SBR-1
LSR
LSR
EP
EP
SR
EP
EP
EP
EP
EP
EP
EP
EP
EP
EP
EP
EP
M2
EP
EP
M1
RR
CG
EP
RR
RC
SR
EP
EP
EP
EP
EP
LSR
EP
EP
EP
LSR
LSR-1
EP
EP
EP
EP
EP
EP
EP
EP
EP
EP
SBR
SBR
SBR
RR
RR
RR EP
RR
CT
CT
CT
RR
RR
RR
RR
RR
RR
RR
RR
RR
LSR
LSR
CT
RR
OS
EP
EP
EP
OS
M5-2
RR
RR
RR
EP
EP
OS
OS
OS
LSR-1
LSR-1
LSR-1
LSR
LSR-2
LSR
RR
RR
LSR
SR
SR
LSR
LSR
LSR
LSR
LSR
LSR
RR
SR
EP
EP
EP
EP
EP
EP
EP
EP
EP
EP
EP
EP
EP
EP
EP
EP
EP
EP
EP
EP
RR
M3P
RR
RR
EP
RR
RR
RR
RR
RR
RR
RR
RR
RR
LSR
LSR
LSR
LSR
LSR
LSR
SR
LSR
LSR
EP
EP
EP
EP
EP
EP
EP
EP
EP
SBR
SBR
SBR
SBR
RR
CT
SBR
RR
SBR
EP
EP
EP
EP
EP
EP
EP
EP
EP
EP
M3P
EP
EP
EP
SR SBR
RR
RR
RR
EP
RR
RR
SBR
SBR
SBR
SBR
EP
EP
SR
SBR SBR
SBR
SBR
SR
SR
LSR
LSR
EP
SBR
OS
OS
EP
RR
RR
RR
SBR
LSR
SBR
SR
RR
RR
RR
LSR
CT
SBR
SR
LSR
LSR
SR
LSR
LSR
LSR
SR
LSR
SR
RU
EP
EP
EP
SR
RR
SR
SR
SR
RR
RR
RU
RU
RR
RR
LSR
SR
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
OS
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
RU
SR-2
SR-2
SR-2
RR
LSR
CT-1
CT-1
SR-1
SBR
SR
SBR
OS
RR
RU
RR
SR
SR
EP
RR
RR
SR-3
LSR
SR
SR-8
RR
RR
RR
RR
M1
RR
CG
RR
SBR
SR
(H1)SR-4
EP
EP
OS
OS
RR-1
RU-3
RR-2
RR
RR
SR-5
RR
LSR-3
SR-7
RR
RR-3
RR-5
RU-4
RR-4
SR-10
LSR-4
SR-9
SR-13
SR
SR-12
LSR-5
RU-6
RR
RU-5
RU
SR-15
SR-16
SR
SR-11
LSR-6
RU-7
RU-8
SBR
SBR
SR-14
See Schedule A-2
See Schedule A-2
See Schedule A-1
Ê
0
1
2
3
0.5
Kilometers
ZONING BY-LAW 2014-21
Schedule A
TOWNSHIP OF
PERRY
Date: July 16, 2014
Consolidated May 2018
R1
R2
R3
SR
SBR
LSR
RU
RR
RC
CG
CA
CT
CTP
M1
M2
M3P
M3Q
M4
M5
I
OS
EP
Residential Type One
Residential Type Two
Multiple Residential
Shoreline Residential
Shoreline Backlot Residential
Limited Service Residential
Rural
Rural Residential
Rural Commercial
General Commercial
Airport Commercial
Commericial Tourist
Commercial Tourist Park
Light Industrial
General Industrial
Extractive Industrial Pit
Extractive Industrial Quarry
Rural Industrial
Waste Disposal
Institutional
Open Space
Environmental Protection
ZONES
LEGEND
TransCanada Pipeline
Railway
Provincial Highway
Township Road
Seasonal Township Road
Watercourse
Cold Water Stream
Waste Disposal Assessment Areas
Wetland Assessment Area
Provincially Significant Wetland
Municipal Boundary
Parcel
Waterbody
See Appendix 'A'
Lot 17
Lot 18
Lot 19
Lot 20
Lot 21
Lot 16
Con I
Con II
*)
11
BOUNDARY RD
FLORENCE ST
MCCRANDLE ST
GABRIEL LANE
STONEY RD
SWEENEY LANE
PETER ST
MAIN ST
ADELAIDE
C
RE
S
MAIN ST
OAK ST
CENTURIAN CRES
JESSIE ST
FISH LAKE RD
MARY ST
BARBARA ST
LAURIE ST
MCP
H
A
I
L CRES
GEORGE ST
23
592
R1
RR
M3P
RR
CG
RR
R1
OS
I
I
OS
EP
R1
R1
R1
R3
R1-1
RR
RR
RU
RU
RU
RU
RR
RR
RR
RR
RR
M3P
M3P
M3P
M3P
RU
RU
RU
RR
RR
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R2-1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
R1
CG
CG
CG
CG
CG
CG
CG
CG
R1
CG
R1
I
I
R3
See Schedule A
See Schedule A
See Schedule A
Ê
0
100
200
300
50
Metres
ZONING BY-LAW 2014-21
Schedule A-1
Novar
TOWNSHIP OF
PERRY
R1
R2
R3
SR
SBR
LSR
RU
RR
RC
CG
CA
CT
CTP
M1
M2
M3P
M3Q
M4
M5
I
OS
EP
Residential Type One
Residential Type Two
Multiple Residential
Shoreline Residential
Shoreline Backlot Residential
Limited Service Residential
Rural
Rural Residential
Rural Commercial
General Commercial
Airport Commercial
Commericial Tourist
Commercial Tourist Park
Light Industrial
General Industrial
Extractive Industrial Pit
Extractive Industrial Quarry
Rural Industrial
Waste Disposal
Institutional
Open Space
Environmental Protection
ZONES
LEGEND
TransCanada Pipeline
Railway
Provincial Highway
Township Road
Seasonal Township Road
Watercourse
Cold Water Stream
Waste Disposal Assessment Areas
Provincially Significant Wetland
Municipal Boundary
Parcel
Waterbody
Wetland Assessment Area
Date: July 16, 2014
Consolidated May 2018
Lot 14
Lot 15
Lot 16
Lot 17
Lot 18
Lot 13
Con VIII
Con IX
Con X
Con XI
Con XII
Con XIII
Lot 12
Lot 19
Lot 20
23
518
*)
11
*)
11
*)
11
23
592
EMSDALE RD
DEER LAKE ROAD
FERN GLEN RD
SUPER SIGN RD
STAR LAKE RD
OLD GOVERNMENT RD
SCOTIA RD
OLD MUSKOKA RD
STATION RD
23
518 W
JAMES ST
AMYLEE DR
ELIZABETH ST
OLD MULLIGAN ROAD
TRAINERS RD
ELLEN ST
RICHMOND ST
ROSE BUSH LANE
23
592
23
518 E
I
RR
RR
R1
RR
RR
R1
M3P
M3P
I
M1
M1
R1
EP
M3P
CG
EP
I
EP
EP
R1
I
M1
RR
RR
M2-H
RR
RR
CG
CG
I
EP
I
I
R1
CG
R1
R1
R1
RR
M1
CG
M3P
R1
R1
R1
M1
RR
RR
CG1-H
EP
M2-H
R1
R1
R1
R1
R1
R1
R1
M3P
I
EP
M2-H
M2-H
M2-H
M2-H
CG
RU
RU
RU
EP
EP
RR
RR
RR
RR
CG
RU
RR
RR
RR
RR
R1
R1
R1
R1
M1
M1
EP
M3P
RR
RR
RR
RR
RR
M2
RR
I
I
RU
RU
RU
RU
RU
RU
RU
RR
RU
RU
R1
R1
EP
RU
CG
R1
RR
R1
R1
CG
R1
RR
M2-H
RR
I
RR
R2
R2-2
CG-1
See Schedule A
See Schedule A
Ê
0
250
500
750
Metres
See Schedule A
See Schedule A
See Schedule A
See Schedule A
ZONING BY-LAW 2014-21
Schedule A-2
Emsdale
TOWNSHIP OF
PERRY
ZONES
Residential Type One
Residential Type Two
Multiple Residential
Shoreline Residential
Shoreline Backlot Residential
Limited Service Residential
Rural
Rural Residential
Rural Commercial
General Commercial
Airport Commercial
Commericial Tourist
Commercial Tourist Park
Light Industrial
General Industrial
Extractive Industrial Pit
Extractive Industrial Quarry
Rural Industrial
Waste Disposal
Institutional
Open Space
Environmental Protection
R1
R2
R3
SR
SBR
LSR
RU
RR
RC
CG
CA
CT
CTP
M1
M2
M3P
M3Q
M4
M5
I
OS
EP
LEGEND
TransCanada Pipeline
Railway
Provincial Highway
Township Road
Seasonal Township Road
Watercourse
Cold Water Stream
Waste Disposal Assessment Areas
Provincially Significant Wetland
Municipal Boundary
Parcel
Waterbody
Wetland Assessment Area
Date: July 16, 2014
Consolidated May 2018